VILLAGE OF BOLINGBROOK REGULAR MEETING AGENDA FOR

Transcription

ANYONE WISHING TO ADDRESS THE BOARD ON ANY OF THE FOllOWING AGENDA ITEMS SHOUlD CONTACT THE
MAYOR PRIOR TO THE START OF TONIGHT'S MEETING AT 8:00P.M. See "Citizen's Guide" on last page.
VILLAGE OF BOLINGBROOK
REGULAR MEETING
AGENDA FOR NOVEMBER 16, 2010
ROGER C. CLAAR
Mayor
TRUSTEES
LEROY J. BROWN
MICHAEL T. LAWLER
RICARDO MORALES
JOSEPH B. MORELLI
PATRICIA SCHANKS
SANDRA S. SWINKUNAS
CAROL S. PENNING
Village Clerk
JAMES S. BOAN
Village Attorney
PLEDGE OF ALLEGIANCE:
A.
ROLL CALL:
B.
APPROVAL OF MINUTES:
1.
Regular Meeting of October 26, 2 0 1 0
C.
APPROVAL OF AGENDA:
D.
APPROVAL OF APPOINTMENTS - BOARDS AND COMMISSIONS:
E.
REPORTS OF OFFICERS:
1.
Mayor
a.
b.
Presentations
1.
Fire Prevention Poster Contest Winners
2.
Spirit of Halloween Awards
Fire Department Promotions
•
Lt. Tony Woitovich to Battalion Chief
•
FF/Paramedic Sergio Calleros to Lieutenant
1
c.
Commission Appointments/Reappointments
1.
Plan Commission
a. New Appointment
• Lon Schank
b.
2.
Reappointments
Robert Cawthon, Chair
• Ricardo Campos
• Greg Jacobs
• Talat Rashid
• Mary Rennels
• J.D. Rhoades
• Libby Runge
• Calvin Wright
•
Zoning Board of Appeals
a. New Appointment
• Sheldon Watts
b. Reappointments
• Russell Fletcher, Chair
• Paul Wonderlin
• Seymoure Pritikin
3.
Beautification Commission
a. Reappointments
• David Bond
• Mark Bonus
• Scott Fagust
• Beth Geiger, Vice Chair
• Karen Gonzalez
• Phillip Gonzalez
• Tina lnvergo
• Kimberly Linger
• Bobbi Massi
• Mary Myers
• Barbara Ann Parker
• Marie Reilly-Trizna
• John Ruggiero
• Phyllis Ann Ruggiero, Chair
• Irving Silver
• Karen Smith
• Timothy Wade
• Debra Zak
• Richard Zihala
2
4.
Civic & Cultural Affairs Commission
a. New Appointment
• Kathleen Barri
b. Reappointments
• Amelia Alterson
• Anthony Consalvo
• Linda Davidek
• Kathy Donnelly
• Eric Dybas
• Teresa Fowler
• Joseph Gross, Vice Chair
• Ken Lindemann, Chair
• Leslie Palmer
• Jan Peterson
• George Primm
• Laura Voss
5.
P arade Commission
a. Reappointments
• John Clyne
• Jacqueline Dudkowski
• Anita Esbensen
• Gregory Grier
• Vicki Lange
• Fran Lopez
• Arthur McGuigan, Chair
• Barbara McHugh, Vice Chair
• Kimberly Millison
• Eurie Morris
• Raj Naik
• Lynn Wozny
6.
Arts Council Commission
a. New Appointment
• Darleen Kay
b. Reappointments
• George Bade
• Mary Bell
• Roberta Bockus
• Matthew Bockus
• Ed Garner
• Charlena Griggs-Aiston
• .Nancy Clark Hansen, Vice Chair
• Nancy M. Hansen
• Adrienne Ledbetter (continued next page)
3
•
•
•
•
7.
Regina McClay
Phyllis Meyer Shelton, Chair
H ilary Rosenthal
Shirley Valevicius
Historic Preservation Commission
a. New Appointments
• Adrianne Beal
• Ruth Blumenstein-Costello
• Barbara Pardo!
• Dave Pardo!
• Ed Russell
b. Reappointments
• James Childress, Chair
• Karen Anderson
• Cathy Bouley
• Judy Bredeweg
• Kenneth Dabisch
• Mark Hayes
• Patricia Herskind
• Bill Kohl
• Joseph Picciuca
• Diane Smith
• Patricia Treadway, Vice Chair
d.
Public Hearing
1.
2.
Public Hearing Re: Amendment
Agreement (Montana Charlie's)
to
Annexation
Staff
a.
Bill Approval
1.
Bill Listing A - $1 ,039,076.17
2.
Bill Listing B - $ 201 ,543.87
Total:
b.
$2,240,620.04
Motions
1.
Motion to Remove from the Table Ordinance (1 0-055)
Approving Special Use Permit for Planned Unit
Development (L.M.R. Home Health Care-167 West
Boughton)
4
F.
RESOLUTIONS
1.
Resolution (10R-059) Approving Tree Replacement Proposal from
American Landscape Associates, Inc.
•
2.
Resolution (10R-060) Approving Purchase of In-Car Camera Units
from Kustom Signals, Inc.
•
•
cost of purchase is $40,020
$28,855.28 from the DUI
Camera
Propertyroom.com Fund
Talai
Fund
and
$13,164.72
from
3.
Resolution (1 0R-061) Accepting Public Improvements in the Claridge
Estates Subdivision (The Ryland Group, Inc.
4.
Resolution (1 0R-062) Accepting Public Improvements in the Fairways
of Augusta Village Unit Ill (The Ryland Group, Inc.)
5.
Resolution (1 0R-063) Approving Contract Amendment Re 2010
Paving Program (Abbey Paving Co., Inc.)
•
6.
7.
Contract amendment in the amount of $2,917.11 which is $50,064.89 under
the budgeted amount of $390,000.00
Resolution (1 0R-065) Approving Contract Amendment Re 2010 Crack
Fill Program (SKC Construction, Inc.)
•
8.
Contract amendment order in the amount of $17,222.08 which is $49,297.08
over the budgeted amount of $250,000
Resolution (1 0R-064) Approving Contract Amendment Re 2010 Street
Resurfacing in Historic District-James D. Fiala Paving Co.
•
G.
Proposal in the amount of $33,910.00
Contract Amendment in the amount of $31,424.48 which is $106,290.52
under the budgeted amount of $250,000.00
Resolution (1 0R-066) Approving Local Agency Agreement for Federal
Participation Between the Village and Illinois Department of
Transportation-Lily Cache Lane Improvements Phase 4 (Creekside
Drive to Veterans Parkway)
ORDINANCES
1.
Ordinance (1 0-055) Approving Special Use Permit for Planned Unit
Development (L.M.R. Home Health Care-167 West Boughton)
5
2.
PC 1 0-25 Approval of a Special Use Permit for Truck Sales,
WindyCityJay Truck Sales, 595 E. South Frontage Road; Jason
DeSanto, WindyCityJay Truck Sales, Applicant
•
3.
PC 1 0-27 Approval of a Special Use Permit for a Planned Unit
Development; Herbalife, Applicant
•
4.
Ordinance (1 0-075) Approving Special Use Permit for Planned
Commercial Development to Allow a Nutrition Counseling
Office-Indian Oaks Plaza (31 9 N. Schmidt Road)-Herbalife
PC 1 0-28 Special Use Permit for Outdoor Dining, Taco Diner, 1 1 96 W.
Boughton Road, Suite D; Yeli Corporation, llda Rodriguez, Applicant
•
5.
Ordinance (10-074) Approving Special Use Permit for Truck
Sales (WindyCityJay Truck Sales-·595 East South Frontage
Road)·
Ordinance (1 0-076) Approving Special Use Permit for Outdoor
Dining-Taco Diner (1 1 96 W. Boughton Road, Suite D)
PC 1 0-29 Approval of a Final Plat of Resubdivision, Promenade
Bolingbrook Phase 4 No.4,; Target, Applicant
•
Ordinance (1 0-077) Approving Final Plat of Subdivision
Promenade Bolingbrook Phase 4 No. 4 (Target)
6.
Ordinance (10-078) Repealing Ordinance No. 03-93 and Agreement
�Approved Thereby and Approving Agreement Re Parking
Landbanking-Crossroads Lakes Lot 1-Bolingbrook Cold Storage,
LLC. (775 West Crossroads Parkway)
7.
Ordinance (10-079) Approving Amended Annexation Agreement-CR
Land Corporation/LaGrou Bolingbrook LLC Montana Charlie's)
Subject to Attorney Approval
8.
Ordinance (10-080) Abating Taxes Heretofore Levied to Pay Interest
and Principal on $52,670,000 Special Service Areas N umbers 200 1 -1 ,
2001 -2, 2001-3 and 2002-1 Special Taxes Refunding Bonds, Series
2007
9.
Ordinance (1 0-081 ) Amending Chapter 13 of the Municipal Code and
Decreasing Class "C" from Nine (9) to Eight (8) - Home Plate
6
H.
PUBLIC COMMENTS** :
I.
TRUSTEES' COMMENTS AND REPORTS:
J.
EXECUTIVE SESSION:
K.
ADJOURNMENT:
Approval for Submission:
James S. Boan
Village Attorney
••
CITIZEN'S GUIDE TO ADDRESSING THE VILLAGE BOARD
Anyone wishing to speak under agenda "Section H-Comments from the Audience" must adhere to the
following guidelines:
1)
Please announce your name and address before commenting- all comments under COMMENTS
2)
Questions must be submitted in writing and responses will be provided prior to the next
3)
4)
FROM THE AUDIENCE are limited to three (3) minutes and each citizen will only be permitted to
speak once.
meeting.
At the Village Board meeting, all speakers must address their comments to the Mayor.
The
Mayor may request that the appropriate member of the Board or Staff respond to the comment.
Please do not repeat comments that have already been made by others.
7
A REGU LAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF BOLINGBROOK - OCTOBER 26, 2010
CALL TO ORDER
The Regular Meeting of the Mayor and Board of Trustees of the Village of Bolingbrook was
called to order at the hour of 8:00 p.m., October 26, 2010, in Bolingbrook, Illinois, by Mayor
Roger C. Claar.
PLEDGE OF ALLEGIANCE
Mayor Roger C. Claar requested that Veterans from American Legion Post 1288 attending the
meeting lead the Pledge of Allegiance to the Flag.
ROLL CALL
Village Clerk, Carol Penning, called the roll. Present were: Mayor Roger C. Claar, Trustees
Leroy J. Brown, Michael T. Lawler, Joseph B. Morelli, Patricia Schanks, Sandra S. Swinkunas.
Absent: Rick Morales
Also present were: Village Clerk - Carol S. Penning, Village Attorney - James Boan, Police
Chief-Kevin McCarthy, Fire Chief - David Litton, Director of Community Development -Dennis
Kowalczyk, Director of Public Works - Mike Drey, Finance Director - Rosa Cojulun and
Information Technology Director-Brenda Ladipo.
Absent: None
Representing the press:
Bob Anderson-The Bolingbrook Sun
Laura Katauskas - The Bolingbrook Bugle
Michelle Manchir - Tribune Local
JOURNAL O F PROCEEDINGS
Motion Brown, second Swinkunas to approve the minutes of the October 12, 2010, Village
Board meeting submitted by the Village Clerk.
VOICE VOTE. MOTION CARRIED.
APPROVAL OF AGENDA/ADDITIONS
Village Attorney, Jim Boan, requested that resolutions 1OR-055 and 1OR-056 be passed subject
to Attorney's approval.
Motion Schanks, second Lawler to approve the agenda.
VOICE VOTE. MOTION CARRIED.
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APPROVAL O F APPOINTMENTS
None
PROCLAMATIONS
AMERICAN LEGION POST 1288 G IFTS TO YANKS WHO GAVE
HOSPITALIZED
VETERANS TAG DAYS, NOVEMBER 5, 6 & 7, 2010: Mayor Claar proclaimed October 6th,
7th and 8th, 2009, as GIFTS TO YANKS WHO GAVE - HOSPITALIZED VETERANS TAG
DAYS in Bolingbrook which helps deliver gifts on Christmas morning to our Illinois hospitalized
veterans. He asked citizens to donate generously to this cause. Joe Rojek, Commander of
American Legion Post 1288, accepted the proclamation.
•
DOMESTIC VIOLENCE AWARENESS MONTH, OCTOBER 2010: Mayor Claar proclaimed the
month of October 2010 as DOMESTIC VIOLENCE AWARENESS MONTH and asked citizens
to gather for the 12th Annual TAKE BACK THE NIGHT rally and march on Thursday, October
28th at 5:00 p.rn. at the DuPage Township Levy Center to demonstrate concern for victims and
raise awareness to prevent future acts of domestic violence. Chairman Margie Oftedhal
accepted the proclamation.
Mayor Claar proclaimed November 11th as
VETERANS D AY, NOVEMBER 1 1, 2010:
VETERANS DAY in Bolingbrook and encouraged the schools, churches, organizations,
businesses and homes in the Village of Bolingbrook to proudly display the flag of the United
States of America and, along with the members of the Veterans of Foreign Wars of the United
States Post 5917 and all other Veteran groups, remember and thank the veterans for their
unselfish dedication to duty that allows us to be free. George Fay, Commander of VFW Post
5917, accepted the proclamation.
SYMPHONY I N LIGHTS, NOVEMBER 14, 201 0: Mayor Claar proclaimed Saturday, November
13th, 2010, as Bolingbrook's SYMPHONY IN LIGHTS celebration and encouraged residents to
enjoy an afternoon of holiday fun at The Promenade. Phyllis Ruggiero, Chair of the
Beautification Commission, gave details of the event and accepted the proclamation.
Mayor Claar announced that the Bolingbrook Culver's has earned a spot in the Culver's
Franchise System's "Let's Bring It" Tournament It is a contest that determines which location in
the nation dominates with the largest year-over-year sales increase. The Bolingbrook Culver's
is in the Sweet 16 phase of the tournament Prizes totaling $100,000 will be given throughout
the contest He encouraged residents to support Culver's in their quest to win 1st place.
Mayor Claar then issued the following statement:
On March 27, 2010, a Federal lawsuit was filed against the Village of Bolingbrook by Bonnie
Kurowski-Alicea alleging that Trustee Lawler and I had defamed her. At the time, I called the
lawsuit frivolous.
On May 6, 2010, the Village of Bolingbrook filed a "Motion to Dismiss" the suit based on
governmental immunity.
2
Bd. 10/26/10
On June 1, 2010, in light of the Village's motion and faced with existing case law supporting the
Village's position, Mrs. Alicea withdrew her original claim and filed an amended complaint
alleging intentional infliction of emotional distress.
The Village filed another "Motion to Dismiss" claiming that her repackaged complaint was
nothing more than a re-phrasing of her original complaint.
On September 15, 2010, Federal Judge James Zagel agreed and ordered Bonnie Kurowski
Alicea's complaint dismissed. The Village was obligated to spend $27,796 to defend itself in
Federal Court.
The Village, Trustee Lawler and my comments have been vindicated. This suit was so frivolous
from the onset that it didn't even merit going to triaL The whole case, prompted by Bonnie
Kurowski-Alicea, is an unfortunate waste of taxpayer fu'hds.
PROMOTIONS/SWEARING-IN
Fire Department:
Firefighter/Paramedic Joe Fagan was promoted and sworn-in as
Lieutenant.
Fire Inspector Joe Pfingston was promoted and sworn-in as Lieutenant
Members of the Fire & Police Board attending the ceremony were Barb Provo, Cesar Pinzon,
Ray Macri and Major Jones.
PRESENTATIONS
C H ARACTER COUNTS COAliTION AWARDS: Georgia Gillian Co-Chair of the Character
Counts Coalition and Anthony Morelli presented awards to those people that demonstrate the
six (6) pillars of Character Counts (Trustworthiness, Respect, Responsibility, Fairness, Caring
and Citizenship). There were four (4) categories.
Elementarv School
5th grader
Hanna Droogan
Oak View
Middle School
Riley Hardwrick
6th grader
Matthew Bielawski 6th grader
Jane Addams Middle School
Jane Addams Middle School
Adults
Shirley Grezenia:
Jim Redford:
Operates the DuPage Township Food Pantry and is a member of many
other organizations that help others.
Known as a man that helps his neighbors. He was nominated by a new
neighbor in his area that felt he exemplified what a "good neighbor" meant.
3
Bd. 10/26110
Business
Bolingbrook Home Depot: Rich Johnson and Dawn Simmons represented Home Depot. Home
Depot was given the Character Counts Coalition Award for all their
help in the community with families in difficult situations. They
participate in many projects throughout Bolingbrook and Romeoville
that provide residents with the help they desperately need.
BILL APPROVAL
Motion Brown, second Lawler to approve expenditures submitted as Bill Listing A - Payables in
the amount of $688,523.96 and Bill Listing B - Pre-paids in the amount of $1,370,005.75 totaling
$2,058,529.71 (copies available in the Finance Dept. and Clerk's Office).
ROLL CALL:
Yea 5- Brown, Lawler, Morelli, Schanks, Swinkunas
NayO- None
Absent 1 -Morales
Motion carried.
TAX RECEIPTS
1.
July, 2010 State Income Tax - $353,415.07 (July, 2009 State Income Tax- $326,650.80)
- an 8.19% Increase
2.
August, 2010 Sales Tax- $1,963,418.68 (August, 2009 Sales Tax- $1,842,915.28)- a
6.5% Increase
3.
August, 2010 Motor Fuel Tax-$148,426.77 (August, 2009 Motor Fuel Tax- $143,560.61)
-a 3.4% Increase
MOTION TO ACCEPT THE ANNUAL TREASURER'S REPORT OF RECEIPTS AND VENDOR
DISBURSEMENTS FOR FISCAL YEAR 2009- 20 1 0 (MAY 1 , 2009- APRIL 30, 2010)
Motion Morelli, second Schanks to approve a motion to accept the Annual Treasurer's Report of
receipts and vendor disbursements for fiscal year 2009-2010.
The Village is required by Statute to publish a list of revenues and expenses each year. This
motion accepted the Annual Treasurer's Report for the fiscal year which began May 1, 2009,
and ended April 30, 2010. Total receipts from all sources including inter-fund transfers were
$103,256,207. Total expenses including transfers and capital expenditures were $112,769,449.
4
Bd. 10/26/10
ROLL CALL:
Yea 5 - Brown, Lawler, Morelli, Schanks, Swinkunas
Nay 0- None
Absent 1 - Morales
Motion carried.
RESOLUTION 1 0R-053
APPROVING LOCAL AGENCY AMENDMENT #1 FOR FEDERAL PARTICIPATION
BETWEEN THE VILLAGE AND ILLINOIS DEPARTMENT OF TRANSPORTATION - LILY
CACHE LANE RECONSTRUCTION (SCHMIDT TO QUADRANGLE)
Motion Swinkunas, second Lawler to adopt a resolution approving Local Agency Amendment #1
for Federal Participation between the Village and Illinois Department of Transportation (lOOT)
Lily Cache Lane Reconstruction (Schmidt to Quadrangle).
This resolution approved an amendment to the Local Agency Agreement with lOOT for the Lily
Cache Reconstruction Project Phase 3 (Quadrangle to Schmidt). After the original agreement
was executed, the Village was awarded $380,000 for an emission control mitigation grant. This
resolution reflected the additional funds and lowers the Village's local share to $2,574,342 for
the project.
ROLL CALL:
Nay 0- None
Absent 1 Morales
-
Motion carried.
RESOLUTION 1 0R-054
APPROVING CONTRACT AMENDMENT RE SIDEWALK IMPROVEMENTS - SCHROEDER
AND SCHROEDER, INC.
Motion Brown, second Schanks to adopt a resolution approving a contract amendment
regarding sidewalk improvements - Schroeder and Schroeder, Inc.
The Village's 2010 - 2011 Motor Fuel Tax Sidewalk Replacement Program was awarded to
Schroeder and Schroeder. Based on the lower unit price that was awarded, the Village was
able to add additional work to the contract. This resolution approved a final balancing change
order in the amount of $30,720.19. The total contract will be $217,930.19 which comes in
$7,069.81 under budget.
5
Bd.
10/26/10
ROLL CALL:
NayO- None
Absent 1-Morales
Motion carried.
RESOLUTION 10R-055
APPROVING MUNICIPAL AND TECHN ICAL ADVISORY SERVICES (MBTS) AGREEMENT
WITH THE GAD GROUP LLC SUBJECT TO ATTORNEY APPROVAL
Motion Swinkunas, second Lawler to adopt a resolution approving Municipal and Technical
Advisory Services (MBTS) Agreement with the GAD Group, LLC subject to attorney approval.
This resolution awarded a service contract to the GAD Group to provide in-house and remote
technical support assistance for the Information Technology Department. The company will
provide software maintenance (Munis and Krenos), system integration and desktop, server and
network support. The cost should not exceed $40,000. The Finance Committee has reviewed
and recommended approval.
ROLL CALL:
Nay 0- None
Absent 1-Morales
Motion carried.
RESOLUTION 1 0R-056
APPROVING CLIENT SERVICES AGREEMENT WITH KFORCE SUBJECT TO ATTORNEY
APPROVAL
Motion Brown, second Morelli to adopt a resolution approving a Client Services Agreement with
KForce subject to attorney approval.
This resolution awarded a service contract to KForce Technology for IT support. The company
will provide software and hardware support for the Village's AS400 mainframe computer. The
cost should not exceed $40,000. The Finance Committee has reviewed and recommended
approval.
ROLL CALL:
Nay 0- None
Absent 1- Morales
Motion carried.
6
Bd. 10/26/10
RESOLUTION 10R-057
APPROVING CONTRACT AMENDMENT RE 2009 STRIPING PROGRAM - MARK-IT
CORPORATION
Motion Schanks, second Lawler to adopt a resolution approving a contract amendment
regarding the 2009 Striping Program - Mark-It Corporation.
Mark-It Corporation was awarded the MFT 2010 - 2 011 road striping program. This resolution
approved a final balancing change order in the amount of $8,363.45. The total contract was
$110,610.54 which came in $39,389.46 under the budgeted amount of $150,000.
ROLL CALL:
Yea 5-Brown, Lawler, Morelli, Schanks, Swinkunas
NayO- None
Absent 1 - Morales
Motion carried.
RESOLUTION 1 0 R-058
APPROVING CONTRACT AMENDMENT RE STREET RESURFACING - JAMES D. FIALA
PAVING CO.
Motion Morelli, second Swinkunas to adopt a resolution approving a contract amendment
regarding street resurfacing - James D. Fiala Paving Co.
James D. Fiala Paving Company was awarded the 2010 - 2011 MFT Street Resurfacing
Program. This resolution approved a final balancing change order in the amount of $21,453.52
bringing the total contract to $358,4 71.52 which was $41,528.48 under the budgeted amount of
$400,000.
ROLL CALL:
NayO- None
Absent 1 -Morales
Motion carried.
7
Bd.
10/26/10
Gold Class Cinema at the Promenade has been sold to another operator. The next two (2)
ordinances effectuate the changes in the liquor license to reflect the sale.
ORDINANCE 1 0-072
AMENDING CHAPTER 1 3 OF THE MUNICIPAL CODE AND DECREASING CLASS "D-5"
FROM ONE (1 ) TO ZERO (0) - GOLD CLASS CINEMAS (VILLAGE ROADSHOW)
Motion Swinkunas, second Schanks to pass an ordinance amending Chapter 13 of the
Municipal Code and decreasing Class D-5 from one (1) to zero (0) - Gold Class Cinemas
(Village Roadshow).
This ordinance reduced the number of Class "D-5" liquor licenses from one (1) to zero (0) to
reflect the sale of the business by Village Roadshow.
ROLL CALL:
NayO- None
Absent 1 - Morales
Motion carried.
ORDINANCE 1 0-073
AMENDING CHAPTER 1 3 OF THE MUNICIPAL CODE INCREASING CLASS "D-5" FROM
ZERO (0) TO O N E (1) - IPIC GOLD CLASS (IPIC- GOLD CLASS ENTERTAINMENT, LLC)
Motion Lawler, second Schanks to pass an ordinance amending Chapter 13 of the Municipal
Code increasing Class D -5 from zero (0) to one (1) IPic Gold Class (IPic - Gold Class
Entertainment, LLC).
-
This ordinance increased the number of Class "D-5" liquor licenses from zero (0) to one (1) to
reflect the purchase by the new owners I Pic - Gold Class Entertainment, LLC.
ROLL CALL:
Nay 0- None
Absent 1 - Morales
Motion carried.
QUESTIONS FROM THE AUDIENCE
George Smith, 536 Cottonwood Circle, expressed his desire for everyone to come out and vote.
Carol Penning, Village Clerk, gave information on the days and times Early Voting and Absentee
Voting will be available through Saturday, October 30th.
8
Bd. 10/26/10
QUESTIONS FROM THE PRESS
None
TRUSTEE COMMENTS
Trustee Morelli talked about the Character Counts Coalition Awards and gave details regarding
the Telecommunications Operator I position that is currently open at the Village.
Trustee Schanks commented that there are already 7 43 Early Voting ballots cast at Village Hall
since Monday, October 11th. The program, which is coordinated by the Village Clerk's Office is
well received by Bolingbrook residents.
Trustee Brown congratulated James Mitchem, Principal of Bolingbrook High School, on being
named as the next Valley View School District's Superintendent. He will start as Superintendent
in June or July of 2011 after Dr. Phillip Schoffstall retires.
Trustee SwinkunaS'gave details on !fie Open 1 -louse.atBoa"n-Jmari Cemetery on Hallow�;·'>·
October 31st from 5:00 to 9:00 p.m.
Trustee Lawler announced that Trick or Treat hours in the Village would be from 3:00 p.m. to
7:00 p.m. on the 31st. He also gave information on the 2nd Annual Debbie Bielawski Memorial
Scholarship Fund at AMF Bowling, Saturday, October 6th, at 2:00 p.m.
Mayor Claar made five (5) additional announcements:
1. There will only be one Board Meeting in November held on Tuesday, November 16th.
2. Costco is set to open on Thursday, November 18th.
3. Bolingbrook Raiders Varsity Football Team will play the 1st game in the playoffs Friday at
4:00 p.m. against Mount Carmel.
4. Big Lots will open on Friday, November 12th, at 8:30 a.m.
5. For all Bears Fans: Mike. Ditka will be giving autographs at Binny's Beverage Depot on
November 4th between 5:00 and 8:00 p.m.
EXECUTIVE SESSION
None
9
Bd. 10/26/10
·
ADJOU RNMENT
Motion Brown, second Swinkunas to adjourn the meeting.
Voice vote. Motion carried and rneeting adjourned at 9:00 p.rn.
Roger C. Claar
MAYOR
ATTEST:
Carol S. Penning, CMC
VILLAGE CLERK
10
Bd 10126110
. .
RESOLUTION NO. 10R-059
RESOLUTION APPROVING TREE REPLACEMENT PROPOSAL
FROM AMERICAN LANDSCAPE ASSOCIATES, I N C.
WHEREAS, Section 6(a} of Article VII of the 1970 Constitution of the State of Illinois
provides that any municipality which has a population of more than 25,000 is a home rule u nit,
and the Village of Bolingbrook, Will and DuPage counties, Illinois, with a population in excess of
25,000 is, therefore, a home rule unit and, pursuant to the provisions of said Section 6(a} of
Article VII, may exercise any power and perform any function pertaining to its government and
affairs, i ncluding, but not limited to, the power to tax and to incur debt; and
WHEREAS, the Mayor and Board of Trustees find and hereby declare that it is the best
interests of the Village to engage the services of American landscape Associates, Inc. to replace
130-133 trees on various parkways and islands throughout the Village, as set forth in the
proposal attached hereto as Exhibit 1 and made a part hereof;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF BOLINGBROOK, WILL AND DU PAGE COUNTIES, ILLINOIS, I N THE EXERCISE OF ITS
HOME RULE POWERS, AS FOLLOWS:
SECTION ONE: The recitals set forth hereinabove shall be and are hereby incorporated
as findings of fact as if said recitals were fully set forth herein.
SECTION TWO: The Mayor and Board of Trustees of the Village of Bolingbrook hereby
a pprove the proposal of American landscape Associates Inc. attached hereto as Exhibit 1 in a n
amount not t o exceed $33,910.00.
-
1
-
. Resolution No. 10R-OS9
SECTION THREE:
This resolution shall be in full force and effect from and after its
passage and approval by two-thirds of the Trustees then holding office in the manner provided
by law.
PASSED THIS 16th day of November, 2010.
AYES:
4- Brown, Morales, Schanks, Swinkunas
NAYS:
None
ABSENT:
2 - Lawler, Morelli
APPROVED THIS 16th day of November, 2010.
JM\152638\11/5/10
-2-
Resolution No. 10R-059
American Landscape & Associates, Inc.
831 Cloverdale
Bolingbrook, IL
60440
Invoice
INVOlfE._L
DATE
. DUE·DATE.
10/18/2010
(630)800-8595
[email protected]
TERMS
418
-.
'
Net30
11/17/2010
Steve �1iller
Forestry
375 W. Briarcliff Road
Forestry Dept.
Bolingbrook, IL 60440-0951
J\rinouN_r. �r.;, BNQit_QSED'�i
o_l_
$2S,OOO.O
•
Tree planting oflOO trees, per Bolingbrook Forestry Department specifications on
•
Each tree planting will include: digging up existing tree from assigned
•
Price includes all equipment, labor and materials needed to complete job.
assigned parkways and medians.
Bolingbrook nursery, burlaping roots, transport to job site, digging of new hole,
planting & mulching.
.
AmericanLandscape& Associates, Inc.
831 Cloverdale
Bolingbrook, IL 60440
, Qf,TE
-�'ti;Rl11[!>,·
(630)800-8595
[email protected]
Net30
SteveMiller
Forestry
375 W. BriarcliffRoad
ForestryDept.
Bolingbrook, IL 60440-0951
:a ,
•
•
·
10/26/2010
Please detach top port1o�n� return Wlth yourpayment
trees, per
specifications on assigned parkways and medians.
Each tree will include: diggingup existing treefrom assignedBolingbrook
nursery, burlaping roots, transport tojob site, digging of new hole, planting,
mulching andslaking.
Price includes all equipment, labor and materials needed to completejob.
I
I
Invoice
INVO!CE#
. \DtJ);pf\-TEc;�
434
11125/2010
RESOLUTION NO. lOR-060
RESOLUTION APPROVING PURCHASE O F IN-CAR
CAMERA UNITS FROM KUSTOM SIGNALS, INC.
WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois
provides that any municipality which has a population of more than 25,000 is a home rule unit, and
the Village of Bolingbrook, Will and DuPage counties, Illinois, with a population in excess of 25,000
is, therefore, a home rule unit and, pursuant to the provisions of said Section 6(a) of Article VII,
may exercise any power and perform any function pertaining to its government and affairs,
including, but not limited to, the power to tax and to incur debt; and
WHEREAS, the Mayor and Board of Trustees have determined and hereby declare that it is
necessary and in the best interests of the Village and its residents of the Village to purchase (7) in
car camera units for use by the Police Department; and
WHEREAS, an investigation has shown that Kustom Signals, Inc. can provide the in-car
cameras expeditiously and at the lowest possible cost;
VILLAGE OF BOLINGBROOK, WILL AND DU PAGE COUNTIES, IlliNOIS, IN THE EXERCISE OF ITS
SECTION ONE: The recitals set forth hereinabove shall be and are hereby incorporated as
findings of fact as if said recitals were fully set forth herein.
SECTION TWO: The Mayor and Board of Trustees of the Village of Bolingbrook hereby
authorize the purchase of seven (7) in-car camera units and related equipment without
competitive bidding, as set forth in the proposal from Kustom Signals, Inc. dated July 29, 2010,
attached hereto as Exhibit 1 and made a part hereof, for an amount not to exceed $40,020.00.
SECTION THREE: This resolution shall be in
and approval by two-thirds of the Trustees then
and effect from and after its passage
in the manner provided by law.
th
PASSED THIS 16 day of November, 2010.
4- Brown, Morales, Schanks,
AYES:
None
NAYS:
2 - lawler, Morelli
ABSENT:
th
APPROVED THIS 16 day of November, 2010.
JM\152635\11/5/10
Resolution No. lOR-060
iiiiiftii!iiA
Quotation
SIGNALS, INC.
Page 1 o f 2
A SUBSIDIARY OF PUBLIC SAFETY EQUIPMENT, INC
S325 Pflumm, Lenexa KS 66215-3347
e13-492·1400 Fax 913-492·1703
[email protected] www.kustomsigoals.com
Date
07/29/2010
To...
LT SCHURR
Quote #
344399053573605
BOLINGBROOK POLICE DEPT
Terms
Net30
375 W BRIARCLIFF RD
This Quote Expires on
Phone
630-226-8600
Fax
630-226-8649
BOLINGBROOK IL
.Q!y
60440-0951
10/27/2010
UnitPrice
Product Descrintion
SubTotal
.. **G3 VISION IN-CAR VIDEO SYSTEM ****
7
G3 VISION 40GB HDD, MIRROR/MONITOR/CONTROLLER, ICM, SIMULTANEOUS
$4,295.00
$30,065.00
$250.00
$2,250.00
$350.00
S2,45o_;;;;
$65.00
$455.00
$300.00
$300.00
$1,500.00
$4,500.00
RECORD, 900MHZ CLEARCOMM WIRELESS AUDIO, IN-CAR MIC, ALL
CABLES/MOUNTING BRACKETS
9
7
G3 AND G3 VISION WIRELESS PACKAGE INCLUDES WIRELESS COMPONENTS,
MENU SECURITY, IGNITION MOD, AND DELAY POWER OFF
VIDEO INSTALLATION BY KUSTOM SIGNAL'S FIE!-!• SERVICE TECHNICIAN
(FST)
7
SHIPPING & HANDLING COSTS
1
WIRELESS ACCESS POINT STATION MOUNT KIT
3
FAE 9094 PROFESSIONAL SERVICES (per day)
Includes: Travel. DEMM/Software Setup, Test each car for wireless UplOad, Configure
Video File Upload
THE CITY OF BOLINGBROOK IS RESPONSIBLE
RUNNING THE
CABLE FROM THE ACCESS POINTS TO THE ANTENNA, RUNNING THE
ETHERNET FROM SERVER LOCATION TO WORKSTATION LOCATION
AND THE PROPER ELECTRICAL OUTLET.
Total
Signature
* Applicable Sales Tax Not Included,
Seller may charge Buyer a 25°/o restocking fee.
***Order subject to agreemenfbetween Kustom Signals and customer on configuration and terms***
***Payment Terms: Net 30 from date of Invoice ***
Toll Free 800-4KUSTOM (800-458-7866)
$40,020.00
KUSTOM SIGNALS, INC.
TERMS AND CONDITIONS
I.
APPLICABILITY. Unlm otle1:W1se s pecified
in a wntt en lnd, quo te or cont:rnct, the follcwmg terms and
cond1tlons shall apply
2.
PRICES AND TAXES. Prices will be K.nslxlm
S ignab, Inc.'s (''Seller'') pnces m effect on the date a
purchase order lS accepted by Seller, and Seller may change
1ts prices at any time, in its sole dlScreticn All prices will
be F.O.B. Charute,Kansas, and net o f a n y duties, sales, use
or snnilaJ laxes, files or assessments, and do not mclu.de
s hipp mg. paclcagu�g or any insutance costs, all of which are
Buyer's respom ibility .
PAYMENT. Unless otheJWis e proVlded on the
face of the mvoic e, payment n due net 30 days of involCe
in US do lla:rs . Partial payznents ;ue not permitte d unless
authorized in w riting . Partial payznents will be treated as
non-payznent. Each invoice is independent from shippmg
s equence and d1sputes relatlllg Ill other involCes. Fallure to
pay an invoic e Wlthin 30 days w i l l be considered a default.
3.
4.
are
DELIVERY AND PERFORMANCE. Delivexy
dates
approxuna te S eller diSclaims a l l liabil1ty for late
or parlla l dehve:ry. Seller may dehver m ruch lots and at
such bm.es as is conven ient fOr Seller.
.5.
LOSS lN IRANSIT. RlSk of loss will pass to
Buyer upon delivery of tha goods to the came r In case of
breakage or loss m tr.a.mit, B uyer wul have nol:!.b:m of
same made o n expense bill before pa
freight. S eller
may rej ect claims for s hortage s not made within 15 days of
Buyer's rece ipt oftha goods.
ying
6.
TERMniADON, RESTm:KIN�
CHARGES.
may tenninate this purchase order for its
Buyer
convenience, in whole or in part, by wntten, Jii.Ked or
telegtaphic notice at any tJ.me
If B
. uyer terminates thiS
purchase order for convenience, Buyer w11l b e bable to
Seller for Seller's reaso:nable costs 1:ncurred in the
peno:rma:nce of this purchase order that Seller ca nno t
mitigak:.
Unle!lll otheiWise agreed upon in advance i n
writing by Seller, Seller ma y chalge Buyer a 25%
restocking fee, if: (a) the Bu}'tr retuns any ron-defective
goods c o vered by this purchase order, or (b) pnor to
shipme nt, but after the goods are produced by Seller,Bu}'tr
canceb the order for the subject goods.
7
WARRANTY.
separately.
8.
Seller s
warranty
lS
provided
LIMITATION O F LIABILITY. SELLER IS
NOI
LIABLE
FOR
ANY
CONSEQUENtiAL,
INDIRECI; OR INCIDEN IAL DAMAGES. OR ANY
LOSI PROF1IS O R LOS I SAVINGS, EVEN IF A
SELLER REPRESENIAIIIJE HAS BEEN A DVISED OF
IHE POSSIDILIIY OF SUCH LOSS, DAMAGES,
CLAIMS OR COSIS, NOR IS SELLER LIABLE F O R
SELLER'S
ANY CLAIM BY A N Y IHIRD PARIY
A GGREGA IE
L IABILI IY
UNDER
OR
IN
CONNEC liON WI IH IHIS PURCHASE ORDER IS
LIM II ED IO IHE A MOUNI PAID FOR IHE GOODS
9.
INDEMNJFICATION. Buyer will indemmfy,
defend and hold Seller harmlen from all losses, datnllf;e s,
liabilities and cosls, mcludirlg attorneys' fees, incurred 01
rusl:!.wd by Seller as a result of any third party cia 1m made
agatrut Seller, inclu.dmg a cla1m by a custome r ofBuyer,
arising from ill! negligent, reckleu, w illfu� or mtenllolllll
achons m marketlng and res elling the goods
10
EXPORT RULES. Buyer will not ship, transfer
or eKport the goods inlxl any country o:r use the goods in
any manner prohibited by the Umb!d S l:!.tes EKport
Adminis tratJ.on Act or any other e'Kport laws, restnctlons 01
regulatlom (collectJ.vely the ''Export Laws"). In addition, 1f
the goods are ldentJ.iied as export controlled ttems under
ts that Buyer
the Export Laws, Buyer represents and w
i:! not a cttrzen, or otheJWise located within, an embargoed
natJ.on (U1Chldmg, without hmi1ation Iran, Iraq, S
Su dan, Libya, Cub a, and North Korea) and that B uyer is
not otheJWise prohibited under the EKport Laws from
rece ivtng the goods
arran
yna,
11.
MISCELLANE OUS.
Ilm purchase order,
together w1 th any other written agree·ment betwee· nBuyer
Seller, if any: (i) is· the exchmve sl:!.tement of the
partJ.es wtth respect to the subject matter and supers edes
any prior or contempo:raneous comltlUnlCatiom; (ii) may
not be amended except in writing eK!lcuted by the parties,
(1ii) will be m1erpreted and enforced l.l\ accordance
with the laws ofthe State ofKansas, without giving effect
Ill pruJ.!:iples of confllCts of law. I 1m pnchase order is·
(1) solely for the benefit of the p
es , an d no proviswn of
thls purchase order will be deemed to confer upon any
other penon any remedy, clalm, liability; reimbursement,
cmse of action or other nght. Each party consents to the
excluuve penolllll JUrisdiction of the state and federal
courts located m the State of Kamas for purposes o f any
SJllt, action · or other proceeding ans1:ng out of this
Agreement, waives any argument that venue in any such
fomm is not conve:went and ag�.ees that the venue of any
htigation initiated by e1ther of them in connection w ith this
Agreement wul be m either the District Court of Johnson
County, Kansas, o:r the United States District Court,
District ofKansas If any pmvismn of this purchase ordet
15 unenforceable, the remallU ng p rovinms wil l remain m
effec t.
No waiver (whether by cou:rse of dealing or
othe:tWise) 1s effective unless it lS made lll. w rit ing
ngned by the party to be charged with such waiver. Unless
otheJWlSe speclf1ed lll. writing, notices nuut be given in
wnting by regtstered o r certified mall, relum receipt
reque5ted, addressed to:
and
and
arti
and
Kus tom Stgllllls, Inc
Attn. Sales Dept.
9325 Pflumm
Lenexa,KS 66215
RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS IN THE
CLARIDGE ESTATES SUBDIVISION (THE RYLAND GROUP, INc.)
WHEREAS, all public improvements {including the storm sewer system, streets and
appurtenances, sidewalks, street lighting system and parkway trees) for the Claridge Estates
Subdivision have been completed according to the engineering specifications of the Village and
have been inspected by the engineer for the Village of Bolingbrook, and it is his
recommendation that the improvements be accepted by the Village; and
WHEREAS, The Ryland Group, Inc., the developer, has submitted a bill of sale for said
public improvements, a copy of which bill of sale is attached hereto and made a part hereof;
and
WHEREAS, the required maintenance guaranty of 5 years has been supplied by the
developer with respect to the detention pond; and
WHEREAS, the Mayor and Board of Trustees find and hereby declare that it is
appropriate to accept the recommendation of the Village Engineer that the Village accept said
improvements;
VILLAGE OF BOLINGBROOK, WILL AND DU PAGE COUNTIES, ILLINOIS, AS FOLLOWS:
SECTION ONE: The Village of Bolingbrook shall and it does hereby accept the aforesaid
public improvements as identified on the bill of sale attached hereto and waives the
requirement for a one year maintenance guaranty for the subject property except for the
retention pond for which there shall be a guaranty of 5 years.
SECTION TWO: Any and all policies or resolutions of the Village of Bolingbrook in
conflict with the provisions of this resolution shall be, and they are hereby, repealed.
SECTION FOUR: This resolution shall be in full
passage and approval in the manner provided by law.
and effect from and after its
AYES:
4- Brown, Morales, Schanks,
None
NAYS:
2 - Lawler, Morelli
ABSENT:
ATTEST:
�i
VILLAGE CLERK
.
JM\152641\11/5/10
BILL OF SALE
Seller, The Ryland Group, Inc., a corporation of Maryland, having its principal place of business
at 1141 E. Main Street, Suite 108, East Dundee, Illinois 60118, in consideration ofTen & no/100
Dollars and other good and valuable considerations, receipt whereof is hereby acknowledged,
does hereby sell, assign, transfer and set over to Buyer, Village of Bolingbrook, an I llinois
Municipality, of Bolingbrook, Illinois, Will County, the following described personal property,
to-wit:
1)
The stonn sewer system, including, but not limited to, storm sewer lines, laterals,
catch basins, inlets, manholes, frames, grates, and all structures appurtenant thereto;
All streets, including, but not limited to, gutters, pavement, and all structures
2)
appurtenant thereto;
3)
All public sidewalks, parkway trees and public landscaping improvement;
4)
The street light system, including, but not limited to, all structures and wiring systems
The above being the Public Improvements for the Claridge Estates Subdivision developed by the
Seller in The Village of Bolingbrook.
Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property
that said property is free and clear of al liens, charges and encumbrances, and that Seller has full
right, power and authority to sell said personal property and to make this bill of sale.
S€?�b.VL
IN WITNESS WHEREOF, Seller has caused this Bill of Sale to be signed and sealed in its name
by its officers thereunto duly authorized this
ATTEST:
By:
1ktl
Michael Mahoney
Chicago Division Controller
BILL OF SALE C!andge doc
...:lB'l!i
day of
THE RYLAND GROUP. INC.
A MarY.
B y:
Chicago Division President
.
2010.
State of Illinois
l
County of
l
) SS.
r,
Kane
t!J1i2. 1 �n-lc
)>_ 6A-cu
A notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that
John P. Carroll
personally known to me to be the Chicago Division President of
The Ryland Group, Inc., a Maryland Corporation, and Michael Mahoney
me to be the Controller
persomilly known to
of said corporation, and personally known to me to be the same
persons whose names are subscribed to the foregoing instrument, appeared before me this day in
person and severally acknowledged that as such Chicago Division President and Controller, they
signed and delivered the said instrument and caused the corporate seal of said corporation to be
afflxed thereto, pursuant to authonty given by the Hoard of Directors of said corporatiOn as theu
free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses
and purposes therein set forth.
GIVEN under my hand and official seal this
.J.Bl!i
day of
Notary Public
Commission expires
.;;.....:J.;-::J:...:_
l. _
__
__,
2_0_1_<1-
OFFICIAL SEAL
CHRISTINE 0 GACH
NOTARY PUSUC' STATE OF ILUNOIS
MY COMMISSION EXPJRES:02J21112
BILL OF SALE Clandge doc
2
�.)� 2010.
RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS IN THE FAIRWAYS
O F AUGUSTA VILLAGE UNIT Ill (THE RYLAND GROUP, INC.)
WHEREAS, all public improvements (including the storm sewer system, the sanitary
sewer system, streets and appurtenances, sidewalks, street lighting system and parkway trees)
for the Fairways of Augusta, Unit Ill have been completed according to the engineering
s pecifications of the Village and have been inspected by the engineer for the Village of
Bolingbrook, and it is his recommendation that the improvements be accepted by the Village;
and
WHEREAS, The Ryland Group, Inc., the developer, has submitted a bill of sale for said
improvements in the Fairways of Augusta, Unit Ill, a copy of which bill of sale is attached h ereto
and made a part hereof; and
WHEREAS, the developer has submitted any required maintenance guaranty; and
WHEREAS, the Mayor and Board of Trustees find and hereby declare that it is
appropriate to accept the recommendation of the Village Engineer to accept said
improvements;
NOW, THEREFORE, B E IT RESOLVED BY THE MAYOR AN D BOARD OF TRUSTEES OF THE
SECTION ONE: The Village of Bolingbrook shall and it does hereby accept the aforesaid
public improvements as identified on the bill of sale attached hereto and waives the
requirement in Section 30-SOl of the Village Code that at least 75% of the lots be occupied
prior to acceptance.
-I-
SECTION TWO: Any and all policies or resolutions of the Village of Bolingbrook that
conflict with the provisions of this resolution shall be, and they are hereby, repealed.
SECTION THREE: This resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
PASSED THIS 16th day of November, 2010,
AYES:
4- Brown, Morales, Schanks, Swinkunas
NAYS:
None
ABSENT:
2 - Lawler, Morelli
APPROVED THIS 16th day of November, 2010,
JM\152647\11/5/10
2
-
-
Resolution No. lOR-
BILL OF SALE
Seller, The Ryland Group, Inc .. a corporation of Maryland, having its principal place of business
at 1 14 1 E. Main Street, Suite 1 08, East Dundee, Illinois 601 1 8, in consideration of Ten & no/100
Dollars and other good and valuable considerations, receipt whereof i s hereby acknowledged,
does hereby sell, assign, transfer and set over to Buyer, Village of Bolingbrook, an Illinois
Municipality, of Bolingbrook, Illinois, Will County, the following described personal property,
to-wit:
I)
The storm sewer system, including, but not limited to, storm sewer lines, laterals.
catch basins, inlets, manholes, frames, grates, and all structures appurtenant lherelu;
2)
The sanitary sewer system, including, but not limited to, sanitary sewer lines, laterals,
services, manholes, frames, grates, and all structures appurtenant thereto;
3)
All streets, including, but not limited to, gutt�rs, pavement, and all structures
4)
All public sidewalks, parkway trees and public landscaping improvement;
5)
The street light system, including, but not limited to. all structures and wiring systems
The above being the Public Improvements for the Fairways of Augusta Village Unit III
Subdivision developed by the Seller in The Village of Bolingbrook.
Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property
that said property is free and clear of al liens, charges and encumbrances, and that Seller has full
right, power and authority to sell said personal property and to make this bill of sale.
,J�.u.e>
1./Ql/f,..Jftn
IN WITNES S WHEREOF, Seller has caused this Bill of Sale to be signed and sealed in its name
by its officers thereunto duly authorized this
M(}iaJ
day of
ATTEST:
THE RYLAND GROUP. INC.
By
:,M
)J?
1 P. Ct;L
Chicago Division Controller
BILL OF SALE Fmrways III doc
Chicago Division President
,
. 2010.
State of Illinois
l
) ss.
County of Kane
)
K. ffj)-\''{ sm
'f
I fr f;L Sl(
I,
A notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that
John P. Carroll
personally known to me to be the Chicago Division President of
The Ryland Group, Inc., a Maryland Corporation, and Michael Mahoney
me to be the Controller
personally known to
of said corporation, and personally known to me to be the same
persons whose names are subscribed to the foregoing instrument, appeared before me this day in
person and severally acknowledged that as such Chicago Division President and Controller, they
signed and delivered the said instrument and caused the corporate seal of said corporation to be
aff1xed thereto, pursuant to authonty g1ven by the Board of Directors of said corporation as their
free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses
and purposes therein set forth.
GIVEN under my hand and official seal this
Commission expires
Notary
�-'-'-).-'-f-'-1.::.).-��•• �
BILL OF SALE Fmrways III doc
:gil>
2
day o f
ublic
NOI/
.
, 2010.
RESOLUTION APPROVING CONTRACT AMENDMENT
RE 2010 PAVING PROGRAM {ABBEY PAVING CO., INC.)
WHEREAS, by the Village had entered into a contract with Abbey Paving Co., Inc. for the
2010 paving program, as part of the routine yearly maintenance p rogram; and
·
WHEREAS, the Mayor and Board of Trustees believe and hereby declare that it is in the
best interests of the residents of the Village to amend the contract to include additional sites that
required paving, all as set forth on the final balancing change order attached hereto and made a
part hereof; and
WHEREAS, certain findings must be made in order to authorize said change order pursuant
to 720 ILCS 5/33E-1 et seq.;
VILLAGE OF BOLINGBROOK, WILL AND DU PAGE COUNTIES, AS FOLLOWS:
SECTION ONE: The Village hereby finds and declares that the change order in the amount
of $17,222.08, .attached hereto and made a part hereof, is required by circumstances not
reasonably foreseeable at the time the contract was signed and is in the best interests of the
Village.
SECTION TWO: The attached change order is hereby approved.
SECTION THREE: This resolution shall be in full fO.£iii!'i� d effect from and after its passage
and approval in the manner p rovided by Jaw.
4 - Brown, Morales, Schanks, :;,wmi<!!Jn<ls
AYES:
None
NAYS:
ABSENT:
2 - Lawler, Morelli
th
VILLAGE CLERK
LKL\152720\11/9/10
FINAL BALANCING CHANGE ORDER
2010 STREET PATCHING PROGRAM
Contractor
ABBEY Paving Co., Inc.
Address
1949 County Line Road
City State Z
Aurora, IL 60502
Pay item
item No.
Unit
Unit Price
Original
Completed
Quantity
Quantity
A/D
Addition
Deduction
1
Cl "D" patch 2" Ty 1,11 -Arterial St.
SY
28.20
500.000
1,368.900
A
24,502.980
2
Cl "D" patch 2" Ty III,IV -Arterial St.
SY
27.60
750.000
6,942.700
A
170,918.520
3
SY
54.70
650.000
99.700
D
30,101.41
4
Cl "D" patch 4" Ty.III,IV -Arterial St.
SY
51.50
1,500.000
829.700
D
34,520.45
5
SY
84.60
100.000
0.000
D
8,460.00
6
Cl "D" patch 6" Ty III,IV -Arterial St.
SY
78:60
200.000
52.400
D
11,601.36
7
Cl "D" patch 2" Ty 1,11 -Local St.
SY
28.20
200.000
0.000
D
5,640.00
8
SY
54.70
600.000
0.000
D
32,820.00
9
SY
84.60
150.000
0.000
D
12,690.00
10
Longitudnal crack over 2" wide
LF
12.40
1,500.000
962.000
D
6,671.20
11
Heaving trench repair
SY
120.40
100.000
0.000
D
12,040.00
12
Hot-Mix asphalt potholing
TON
285.00
100.000
17.000
D
23,655.00
Totals:
------
Net Change:
195,421.50
178,199.42
$17,222.08
RESOLUTION APPROVING CONTRACT AMENDMENT RE 2010 STREET
RESURFACING I N HISTORIC DISTRICT - JAMES D. FIALA PAVING CO.
WHEREAS, the Village had approved a contract with James D. Fiala Paving Co. for the 2010
street resurfacing project in the Bolingbrook Historic District; and
WHEREAS, the Mayor and Board of Trustees find and hereby declare that it is in the best
interests of the Village and its residents to complete final payment oft he 2010 Street Resurfacing
Program as set forth in the Final Balancing Change Order (the "change order"), which is attached
h ereto and made a part hereof; and
WHEREAS, certain findings must be made in order to authorize said Change Order pursuant
to 720 ILCS 5/33E-1 et seq.;
NOW, THEREFORE, B E IT RESOLVED BY THE MAYOR AN D BOARD OF TRUSTEES OF THE
VILLAGE OF BOLINGBROOK, WILL AND DU PAGE COUNTIES, AS FOLLOWS:
of $2,917.11, attached hereto and made a part hereof, is required by circumstances not
Village.
SECTION THREE: This resolution shall be in full
and approval in the manner provided by law.
•v•·•�>.. •v
effect from and after its passage
AVES:
4 - Brown, Morales, Schanks, .:>w'"'�'u '
NAYS:
None
ABSENT:
2 - Lawler, Morelli
APPROVED THIS 16th day of N ovember, 2010.
LKL\152717\11/9/10
2010 BOLINGBROOK HISTORIC DISTRICT STREET RESURFACING PROGRAM
Contractor
Address
City State Z
James D. Fiala Paving Co.
500 East Frontage Rd North
Bolingbrook, IL 60440
item No.
Pay item
.
Unit
Unit Price
Original
Completed
Quantity
Quantity
A/D
Addition
19,026.000
Deduction
1
C & G R&R
LF
21.00
700.000
1,606.000
A
2
BIT DRIVE R&R
SY
24.00
500.000
21.810
D
11,476.56
3
PCC DRIVE R&R
Sft
6.70
150.000
0.000
D
1,005.00
28,910.000
29,303.750
A
4
BSR C, 0" - 2
5
11
.
SY
2.00
MIX CRKS JNTS & FLANGE
TON
265.00
15.000 .
0.000
D
3,975.00 .
6
F R & GRT ADJ
Each
285.00
10.000
2.000
D
2,280.00
7
BIT MAT PRIME COAT
GAL
0.01
7,300.000
1,844.000
D
54.56
8
AGG PRIME COAT
TON
1.00
70.000
2.330
D
67.67
9
HMA SC "D" N50
TON
65.00
3,325.000
3,364.360
A
10
Shotcrete curb repair
LF .
24.00
600.000
574.000
D
11
CL D PTCH 4" T 1,2,3,4
SY
28.00
500.000
501.000
A
Totals:
Net Change:
787.500
2,558.400
624.00
28.000
22,399.90
19,482.79
$2,917.11
i
i
RESOLUTION APPROVING CONTRACT AMENDMENT
RE 2010 CRACK FILL PROGRAM (SKC CONSTRUCTION, INC.)
WHEREAS, by the Village had entered into a contract with SKC Construction, Inc. for the
2010 crack fill program; and
WHEREAS, the Mayor and Board of Trustees believe and hereby declare that it is in the
best interests of the residents of the Village to approve the final balancing change order attached
h ereto and made a part hereof; and
WHEREAS, certain findings must be made in orderto authorize said change order pursuant
to 720 I LCS 5/33E-1 et seq.;
VILLAGE OF BOLINGBROOK, WILL AND D U PAGE COUNTIES, AS FOLLOWS:
of $31,424.48, attached hereto and made a part hereof, is required by circumstances not
Village.
SECTION THREE: This resolution shall be in full force and effect from and after its passage
4 - Brown, Morales, Schanks, Swiink!fn als
AYES:
NAYS:
None
2 - Lawler, Morelli
ABSENT:
LKL\152722\11/9/10
2010 CRACK FILL PROGRAM
Contractor
Address
SKC Construction Inc.
PO Box 503
City State z
West Dundee, ll 60118
item No.
Pay item
1
Unit
Unit Price
LB
1.321
Original
Completed
Quantity
Quantity
A/D
Addition
108,788.400
A
31,424.476
85,000.000
Totals:
Net Change:
Deduction
31,424.48
$31,424.48
1
ii
0.00
I
RESOLUTION APPROVING LOCAL AGENCY AGREEMENT FOR
FEDERAL PARTICIPATION BETWEEN THE VILLAGE AND ILLINOIS
DEPARTMENT OF TRANSPORTATION-LILY CACHE LANE
IMPROVEMENTS (CREEKSIDE DRIVE TO VETERANS PARKWAY)
WHEREAS, the Village and the Illinois Department ofTransportation ("I DOT") are public
agencies as that term is defined in the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.);
and
WHEREAS, Article VII, Section 10 ofthe Illinois Constitution of 1970 and S I LCS 220/1 etseq.
authorize units of local government to contract or otherwise associate among themselves to
obtain or share services, to exercise, combine or transfer any power or function, in any manner not
p rohibited by law, to use their credit, revenues and other reserves to pay costs and to service debt
related to intergovernmental activities; and
WHEREAS, the Village and IDOT are desirous of entering into an intergovernmental
agreement regarding improvements re Lily Cache Lane (Creekside Drive to Veterans Parkway),
consisting of reconstruction and widening, all as set forth in the local Agency Agreement for
Federal Participation attached hereto as Exhibit 1 and made a part hereof;
WHEREAS, the Mayor and Board ofTrustees of the Village of Bolingbrook find and hereby
declare that it is in the best interests of the Village to approve said Agreement;
NOW, THEREFORE, B E IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
- I-
Resolution No. IOR-066
SECTION ONE: The foregoing recitals shall be and are hereby adopted as findings fact as if
said recitals were fully set forth within this Section One. ,
SECTION TWO: The Local Agency Agreement for Federal Participation by and between the
Village and JDOT, which i s attached hereto as Exhibit 1, shall be and is hereby approved, and the
Mayor and Village Clerk are hereby authorized and directed to execute the Agreement in
substantially the form attached hereto.
SECTION THREE: This resolution shall be. i n full force and effect from and after its passage
AYES:
4 - Brown,
NAYS:
None
ABSENT:
2 Lawler, Morelli
Morales, Schanks, Swinkunas
-
Alfe J!i
�
VlllAGE CLERK
1SZ123W\11/9/l0
-2-
Resolution No. IOR-066
®:�
Village of Bolingbrook
06-00046-0 1-PV
Construction
f�� ftJ/('0��
RR Force Account
LOcal Contract
Fund Type
ITEPNumber
STU. STA & STE
129039
EnqineerinQ
Project Number
C-91-504-10
Day labor
X
SeCtion
Local Agency Agreement
for Federal Participation
Job Number
State Contract
Local Agency
Job Number
Riqht-of-Wav
Project Number
Job Number
Project Number
CMM-M-TE-9003(632)
This Agreement is made and entered into between the above local agency hereinafter referred to as the "LA" and the state of Illinois, acting
by and through its Department ofTransportation, hereinafter referred to as "STATE". The STATE and LA jointly propose to improve the
designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the
·
STATE's policies and procedures approved and/or required by the F�deral Highway Administration hereinafter referred to as "FHWA" .
Location
Local Name
Termini
·
Lily Cache lane
Route
FAU 1578
length
5,810.46' (1.100m)
Veterans Parkway to Creekside Drive
Current Jurisdiction
LA
------
Existing StruCture No
N/A
-------
Project Description
Lily Cache Lane will be improved from an existing two-lane facility to a four-lane facility from Veterans Parkway to Creekside Drive. Improvements will include
pavement reconstruction, widening and resurfacing, new storm sewer, CCC&G (Type B-9. 12 on the raised medians, and Type B-9.18 at the outside edge of
pavement) , sidewalk, traffic signals, landscaping, striping, and other miscellaneous work. A new traffic signal installation Is proposed at the Orchard Drive
intersection. Signals at Veterans, Lindsey, Orchard, Raider, and Schmidt will be radio Interconnected in conjunction with this project. All other Intersections
will be stop-controlled on the sideroads.
Division of Cost
Type ofWork
FHWA
%
Participating Construction
35,930
(
165,500
(
2,000,000
(
(
Construction Engineering
Right ofWay
(
(
(
Railroads
Utilities
Materials
$
TOTAL
2,201,430
..
)
STATE
)
)
)
(
(
(
%
(
(
)
(
(
LA
)
41 ,375
)
)
4,187,662
)
)
)
)
$
(
(
(
(
(
BAL
)
44,913
BAL
)
206,875
BAL
)
6,1 87,662 1 3
)
.
(
(
$
Total
%
8,983
4,238,020
)
)
)
$
6,439,450
Maximium FHWA (STE) Participation 80% Not To Exceed $35,930 to be used first
*" Maximum FHWA (STA) Participation 80% Not To Exceed $165,500 to be used second
... Maximum FHWA (STU) Participation 80% not to exceed $2,000,000 to be used third
•
NOTE:
The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and
State participation. The actual costs will be used in the final division of cost for billing and reimbursmenl
If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above.
The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost.
Local Agency Appropriation
By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and
additional funds will be appropriated, if required, to cover the LA's total cost.
Method of Financing (State Contract Work)
METHOD A--Lump Sum (80% of LA Obligation)
Monthly Payments of
e
al
a.:..
nc
B.:..
.:..
.:..
__
__
__
METHOD C-LA's Share __;:,
__
_
_
_ divided by estimated total cost multiplied bv actual pro!lress payment.
_
METHOD B-
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
Printed on 1 1/30/201 0
Page 1 of4
BLR 05310 (03/23/1 0)
Agreement Provisions
THE 'LA AGREES:
To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in
accordance with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1 970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all
requirements of Titles II and Ill of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be
cooperatively determined by representatives of the LA, and STATE and the FHWA, if required.
(1)
(2)
'
..
To provide for all utility adjustments, and to regulate the use of the right-of-way ofthis improvement by utilities, public and private,
in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems.
(3)
To provide fo:r surveys and the preparation of plans for the proposed improvement and engineering supervision during construction
of the proposed improvement.
(4)
To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied
by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required.
(5)
To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that
(6)
To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Department ofTransportation.
portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4: above.
To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to
verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all
books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and
the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to
provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this
section shall establish a presumption in favor ofthe STATE for the recovery of any funds paid by the STATE under the contract for
which adequate books, records and supporting documentation are not available to support their purported disbursement.
(8)
To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of
the proposed improvement.
(9)
To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA.
(State Contracts Only) That the method of payment designated on page one will be as follows:
(10)
Method A -
Lump Sum Payment. Upon award of the contracl for this improvement, the LA will pay to the STATE, in lump sum,
an amount equal to 80% of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE
the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the
project based upon final costs.
Method 8 -
Monthly Payments. Upon award of the contract for this improvement. the LA will pay to the STATE, a specified
amount each month for an estimated period of months, or until 80% of the LA's estimated obligation under the
provisions of the Agreement has been paid, and will pay to the STATE the remainder ofthe LA's obligation (including
any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs.
Method C -
Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the
LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total
cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until
the entire obligation incurred under this Agreement has been paid.
(11)
(Day Labor o r Local Contracts) To provide o r cause to b e provided all o f the initial funding, equipment, labor, material and services
necessary to construct the complete project.
(12)
(Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of the project for which this
preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the
fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this
Agreement.
(13)
(14)
(Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the
close ofthe twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any
Federal Funds received under the terms of this Agreement
(Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to
the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield,
Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad
related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for
railroad related work should be coordinated through appropriate I DOT District Bureau of Local Roads and Streets office.
Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for
review and approval prior to the commencement of work. Signal related work involving interconnects with state
maintained traffic
·
signals should also be coordinated with the I DOT's District Bureau of Operations.
The LA is responsible for the payment of the railroad related expenses in accordance with the lA!railroad agreement prior to
requesting reimbursement from lOOT. Requests for reimbursement should be sent to the appropriate lOOT District Bureau of
Local Roads and Streets office.
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
Printed on
1119/201 a
Page 2 of 4
BLR
05310 (03123/10)
"
And certifies to the best of its knowledge and belief its officials:
: (1 5) ,
�
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
(b) have not within a three·year period preceding this Agreement been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal,
State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen
property;
(c) are not presently indicted for or othe!Wise criminally or civilly charged by a governmental entity (Federal, State, local) with
commission of any of the offenses enumerated in item (b) of this certification; and
(d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local}
terminated for cause or default
(16)
To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract,
including procurement of materials and leases of equipment
(17)
(State Contracts) That execution of this agreement cOnstitutes the LA's concurrence in the award of the construction contract to
the responsible low bidder as determined by the STATE.
(18)
That for agreements exceeding $1 00,000 in federal funds, execution of this Agreement constitutes the LA's certification that:
(a) No Federal appropriated funds have been paid o r will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress o r any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of
any cooperative agreement, and the e�ension, continuation, renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement;
(b) If any funds other than Federalappropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of
a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions;
(c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties
(including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients
shall certifY and discloee accordingly.
(19)
To regulate parking and traffic in accordance with the approved project report.
(20)
To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes.
(21}
To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in
accordance with current Illinois Compiled Statutes.
(22)
That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the
improvement The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting
documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other
documentation supporting the requested reimbursement amount
(23)
To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of
the project described in the Project Description does not exceed $1 ,000,000 (five years if the project costs exceed $1 ,000,000).
(24)
Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all
applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date
of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the
improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed.
(25)
(Single Audit Requirements) That if the LA receives $500,000 or more a year in federal financial assistance they shall have an
audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. LA's that receive less than
$500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after
the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway
planning and construction activities is 20.205.
THE STATE AGREES:
(1)
(2)
To provide such guidance, assistance and supervision and to monitor and perfonn audits to the extent necessary to assure validity
of the LA's certification of compliance with Titles II and Ill requirements.
(State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the
(and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a
satisfactory bid.
STATE
(3)
(Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and .
to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
(4)
(Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction
work:
Printed on 1 1 /9/2010
Page 3 of4
BLR 05310 (03/23/10)
(a) To reimburse th e LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient
cost information and show evidence of payment by the LA;
.
(b) To provide independent assurance sampling, to furnish off-site material inspection and testing at sources normally visited by
STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE.
IT IS
MUTUALLY AGREED:
(1)
(2)
(3)
(4)
(5)
That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve
.,. the pJ:Oposed improvement for Federal-aid participation or the contract covering the constructiOn work contemplated herein is not
awarded within three years of the date of execution of this Agreement.
This Agreement shall be binding upon the parties, their successors and assigns.
For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and
perfonmance of any USDOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.
The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of US DOT - assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by
USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to cany out its approved
program, the department may impose sanctions as provided for under part 28 and may, in appropriate cases, refer the matter for
enforcement under 1 8 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.). In the absence
of a USDOT - approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the
provisions of the STATE's US DOT approved Disadvantaged Business Enterprise Program.
In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further
payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to
appropriate or otherwise make available funds for the work contemplated herein.
All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or
amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 Ill=.) unless the provisions of that Act exempt its
applicatioil.
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement.
Number 1 Locailon Maq�-------------------�
��----�--��----�� --------------------------
(ln.sert addendum numbers and titles as applicable)-
APPROVED
APPROVED
State of Illinois
Department of Transportation
Local Agency
Date
Gary Hannig, Secretary of Transportation
By:
(Delegate's Signature)
(Delegate's Name - Printed}
The
signature certifies the agency's TIN number is
conducting business as a Governmental
Christine M. Reed, Director of Highways/Chief Engineer
Date
Ellen J. Schanzle-Haskins, Chief Counsel
Date
Ann L. Schneider, Director of Finance and Administration
Date
36-2606123
Entity.
NOTE: If signature is by an APPOINTED official, a resolution
authorizing said appointed official to execute this agreement is
required.
Printed on 1 1 /9/2010
Page 4 of4
BLR 05310 (03/2311 0)
PUBLISHED I N PAMPHLET FORM FOR THE FOLLOWI NG:
ORDINANCE 1 0-055
TITLED:
APPROVING SPECIAL USE PERMIT FOR PLANNED U NIT
DEVELOPMENT (L.M.R. HOME HEALTH CARE 1 67 WEST BOUGHTON)
VILLAGE CLERK
VI LLAGE OF BOLINGBROOK
ORDINANCE NO. 10-055
ORDINANCE APPROVING SPECIAL USE PERMIT FOR PLA N N ED UNIT
D EVELOPMENT ( L.M.R. HOME HEALTH CARE--167 WEST BOUGHTON )
provides that any municipality which has a population of more than 25,000 is a home rule unit,
25,000 is, therefore, a home rule unit and, pursuant to the provisions of said Section 6(a} of
affairs, including, but not limited to, the power to tax and to incur debt; and
WHEREAS, a petition for approval of a special use permit for planned unit development
to allow an existing business to expand its operation within an accessory structure located on
the property commonly known as 167 West Boughton Road and legally described as follows:
lOT 6, IN BARBER'S CORNERS ESTATES, A SUBDIVISION OF THAT PART OF THE
EAST HALF OF THE NORTHEAST QUARTER OF SECTION 10, IN TOWNSHIP 37
NORTH, AND IN RANGE 10 EAST OF THE THIRD PRINCIPAL M E RIDIAN, DESCRIBED
AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER
LINE OF THE CHICAGO AND PLAINFIELD ROAD, RUNNING IN A NORTH EASTERLY
AND SOUTHEASTERLY DIRECTION THROUGH SAID NORTH EAST QUARTER AND IN
WEST LINE OF THE SAID EAST HALF OF THE NORTHEAST QUARTER OF SAID
SECTION; THENCE NORTHEASTERLY ALONG SAID CENTER LINE OF SAID ROAD
693.17 FEET TO A POI NT; THENCE SOUTHERLY ALONGA DIRECT LINE 376.34 FEET
TO A POINT IN THE NORTH LINE OF THE SOUTH 38.19 ACRES OF THE SAID EAST
HALF O F THE NORTHEAST QUARTER THAT IS 656 FEET EAST O F THE SAID WEST
LINE O F THE SAID EAST HALF OF THE NORTHEAST QUARTER; THENCE WEST
. ALONG SAID NORTH LINE OF THE SAID SOUTH 38.19 ACRES OF THE SAID EAST
HALF O F THE NORTHEAST QUARTER 656 FEET TO A POINT I N THE SAID WEST
LINE O F THE SAID EAST HALF OF THE NORTHEAST QUARTER THAT IS 155.11 FEET
SOUTHERLY FROM TH E POINT OF BEGINNING; THENCE NORTH):RLY ALONG SAID
WEST LINE OF SAID EAST HALF OF THE NORTHEAST QUARTER 155.11 FEET TO
THE POll NT OF BEGINNING ALL IN WILL COUNTY, ILLINOIS
(the "Subject Property"} has been filed by l.M.R. Home Health Care; and
WHEREAS, the Subject Property is zoned B-2, Community Retail District, and a planned
unit development is a permitted special use in a B-2 district pursuant to the Zoning Ordinance
of the Village; and
WHEREAS, said petition was referred to the Bolingbrook Plan Commission, which duly
called, noticed and held a public hearing and recommended approval of special use permit for
the Subject Property as aforesaid; and
-1-
Ordinance No . 10-055
WHEREAS, the Mayor and Board of Trustees believe it to be in the best interests of the
residents of the Village to approve said special use permit as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AN D BOARD OF TRUSTEES OF THE
VILLAGE OF BOLINGBROOK, Will AND DU PAGE COUNTIES, IlliNOIS, IN THE EXERCISE O F ITS
SECTION ONE: The Mayor and Board of Trustees find as facts the recitals hereinabove
set forth.
SECTION TWO: A special use permit for a planned unit development on the Subject
Property shall be and it is hereby approved, subject to the following:
A.
B.
The conversion of the existing residential accessory structure into a n office building is
hereby approved.
The following exception from the codes and ordinances ofthe Village is hereby granted:
two principal structures are hereby allowed on one lot, the Subject Property.
SECTION THREE: The approvals set forth hereinabove at Section Two are subject to the
condition that the Subject Property shall be developed and maintained in compliance with the
codes and ordinances ofthe Village.
SECTION FOUR: Should the owner/developer fail to comply with the terms of the
special use approved hereby and with the codes and ordinances of the Village, the special use
approved herein shall be rendered null and void and shall be of no further force and effect.
1
SECTION FIVE: This ordinance shall be in full force and effect from and after its passage
4 - Brown, Morales, Schan ij�, S•winlkU11JS
AYES:
None
NAYS:
ABSENT:
2 - lawler, Morelli
PUBLISHED BY THE VILLAGE CLERK, IN PAMPHLET FORM, BY AUTHORITY OF THE CORPORATE
AUTHORITIES OF THE VILLAGE OF BOLINGBROOK ON NOVEMBER 18, 2010.
LKL\150851W\8/3/10
-2-
Ordinance No. 10-055
STATE OF ILLINOIS)
COUNTIES OF WILL) SS
A ND DU PAGE
)
I, Carol S. Penning, certify that I am the duly elected and acting Village Clerk of
the Village of Bolingbrook, Will and DuPage Counties, Illinois.
I further certify that on November 1 6. 2010, the Corporate Authorities of such
m unicipality passed and approved Ordinance 1 0-055 entitled:
APPROVING SPECIAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT (L.M.R.
HOME HEALTH CARE - 167 WEST BOUGHTON)
which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance 1 0-055 including the Ordinance and a cover
sheet thereof, was prepared on November 1 7, 2010. Copies of such Ordinance are
available for public inspection upon request in the office of the Village Clerk.
DATED at Bolingbrook, Illinois, this 1 7th day of November, 201 0.
.,�� Bolingbr
oo
a p lace to
grow
�-;-;;-:..
PC 10.25
Roger C. Claar
Mayor
Carol S. Penning
Village Clerk
TO:
Mayor and Board of Trustees
FROM:
Plan Commission
SUBJECT:
Approval of a Special Use Permit for Truck Sales
595
E. South Frontage Road
Applicant: WindyCityJay Truck Sales I Project No. 42 1 . 1 0
Leroy J. Brown
&
Deputy Mayor
Village Trustee
DATE:
Meeting o f October 6 and November 3 , 2 0 1 0
.
BACKGROUND:
. Jason DeSanto of WindyCityJay Truck Sales is seeking approval' of a Special Use Permit
for Truck Sales in the existing 1 1,000 square foot building located at 595
E.
South
Frontage Road. Please refer to the attached staff report for a detailed discussion of the
Village Trustees
Michael T. Lawler
... icardo Morales
seph B. Morelli
Patricia E. Schanks
Sandra S. Swinkunas
request.
Jason DeSanto was present.
Members nor from the public.
There were no questions from the Plan Commission
The Plan Commission held a public hearing for this request during their regular meeting
on October 6 and November 3 20 10.
·
FINDINGS OF FACTS:
1 . The subject property comprises approximately 2.494 acres and i s currently zoned B-3
2.
The subject property has two points o f access; one from E . South Frontage Road and
·
3.
another from Joliet Road.
Per the Zoning Ordinance, Truck Sales require a Special Use within the B-3 Zoning
4.
owned trucks.
Currently, Brahler's Truckers Supply, Inc. occupies the subject building and site. Per
Jaines S. Boan
Village Attorney
· Highway Commercial.
District. As such, the applicant is requesting a Special Use Permit for the sale of pre·
5.
· the applicant, they plan to lease a small office area within the existing building, as
well as display trucks for sale in the north area of the parking lot.
Per the applicant, they employ one
( 1)
office manager and four (4) sales people.
They do not employ any mechanics, as the service work (repairs, tires, windshield
· replacement, detailing, etc) is outsourced to a local business
6. The hours of operation would be Monday thru Friday 8:00 . a.m. to 5:30 p.m.,
Saturdays by appoi�trnent only and closed on Sundays.
Bolingbrook, Illinois
. 60440-0951
. ·
·'W.bolingbrook.com
(630) 226-8400
FAX: (630) 226-8409
TDD: (630) 226-8402
�:J Recycled For A Better Environment
RECOMMENDATION:
By a vote of 6-0, the Plan Commission recommends approval of a Special Use Permit to
allow pre-owned truck sales at 595 E. South Frontage Road, subject to all State oflllinois
requirements being met. ·
·
~
TREE CITY USA'
A Community of 72,000
grow
• •
.. . ,
PLANNING COMMISSION STAFF REPORT FROM
Roger C. Claar
NICOLE M. KNAPP
PLANNING & ZONING ADMINISTRATOR
Mayor
421 . 1 0
PROJECT NO.:
Carol S. Penning
Village Clerk
October 6 and November 3, 201 0
DATE:
GENERAL INFORMATION:
OWNER:
Bill Knippenberg
APPLICANT:
WindyCityJay Truck Sales
REQUESTED ACTION:
Approval of a Special Use Permit for Truck Sales
PURPOSE:
To allow a used truck dealership
LOCATION:
5 9 5 E. South Frontage Road
SIZE OF PARCEL:
2.494 acres
SIZE OF BUILDING:
1 1 ,000 Square Feet
CURRENT ZONING:
B-3 Highway Commercial
Leroy J. Brown
Deputy Mayor
& Village Trustee
Village Trustees
Michael T. Lawler
Ricardo Morales
'Seph B. Morelli
.,ricia E. Schanks
ADJACENT ZONING & LAND USE:
3.ndra S. Swinkunas
NORTH:
1-55
SOUTH:
BC3 Highway Commercial - Mannon Keystone
EAST:
B-3 Highway Commercial - Existing truck/trailer storage yard
WEST:
R-3 Highway Commercial - Fischer Crane Company
ANALYSIS:
•
The subject property comprises approximately 2.494 acres and is currently zoned B-3
Highway Commercial.
•
James S. Soan
Village Attorney
The subject property has two points of access; one from E. South Frontage Road and
another from Joliet Road.
•
Per the Zoning Ordinance, Truck Sales require a Special Use within the B-3 Zoning
District . · As such, the applicant is requesting a Special Use Permit for the sale of pre
owned trucks.
•
Currently, Brahler' s Truckers Supply, Inc. occupies the subject building and site. Per the
applicant, they plan to lease a small office area within the existing building, as well as
display trucks for sale in the north area of the parking lot.
•
Per the applicant, they employ one ( I ) office manager and four (4) sales people. They do
· not employ any mechanics, as the service work (repairs, tires, windshield replacement,
'5 W. Briarcliff Road
lolingbrook, Illinois
detailing, etc) is outsourced to a local business
•
The hours of operation would be Monday thru Friday 8:00 a.m. to 5 : 3 0 p.m., Saturd�ys by
·
appointment only and closed on Sundays.
60440-0951
NW.bolingbrook.com
J30) 226-8400
A.X: (630) 226-8409
JD: (630) 226-8402
j. FlecyciEid ForA Betlet· Cnvimnment
@;;o�·��1f!
RECOMMENDATION:
Staff recommends approval of a Special Use Permit to allow pre-owned truck sales at 595 E.
South Frontage Road.
®
TREE CiTIUSA
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LOCATION MAP
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109
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117
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PROJECT NO. : .
WindyCityJay
PROJECT NAME:
42 1 . 1 0
Truck Sales
NORTH
PU BLISHED I N PAMPHLET FORM FOR THE FOLLOWING:
ORDINANCE 1 0-074
TITLED:
APPROVING SPECIAL USE PERMIT FOR TRUCK SALES
(WINDYCITYJAY TRUCK SALES 595 EAST SOUTH FRONTAGE ROAD)
VILLAGE CLERK
VI LLAGE O F BOLINGBROOK
ORDINANCE APPROVING SPECIAL USE PERMIT FOR TRUCK SALES
{WINDYCITYJAY TRUCK SALES - S95 EAST SOUTH FRONTAGE ROAD)
provides that any municipality which has a population of more than 25,000 is a home rule u nit,
25,000 is, therefore, a home rule unit and, pursuant to the provisions of said Section 6(a) of
. WHEREAS, Brahler's Truckers Supply, Inc. currently occu pies the property consisting of
a pproximately 2.49 acres commonly known as 59S East South Frontage Road and legally
described on Exhibit 1 attached hereto and made a part hereof (hereinafter referred to as the
"Subject Property"); and
WHEREAS, WindyCityJay Truck Sales (the "Applicant"), which proposes to lease a small
office area within the existing building and to display trucks for sale in the north area of the
parking lot, has applied for a special use permit in order to allow the sale of used trucks on th e
Subject Property; and
WHEREAS, said application was referred to the Bolingbrook Plan Commission, which
duly called, noticed and held a public hearing with respect to said special use permit;
W H EREAS, the Plan Commission made a finding that the special use meets the
applicable standards and criteria contained in Article 8 of the Zoning Ordinance and
recommended issuance of a special use permit for the sale of used trucks o n the Subject
Property as set forth hereinafter; and
residents ofthe Village to approve a special use permit for truck sales on the Subject Property;
NOW, THEREFORE, B E IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILlAGE O F BOLINGBROOK, WILL AND DU PAGE COUNTIES, ILLINOIS, IN THE EXERCISE OF ITS
SECTION ONE: The M ayor and Board of Trustees find as facts the recitals hereinabove
set forth.
SECTION TWO: A special use permit to allow pre-owned truck sales shall be and is
hereby a pproved for the Subject Property, provided that the Owner shall comply with all State
of Illinois requirements.
-1Ordinance No. 10-074
SECTION THREE: Failure of the Owner to utilize the Subject Property in conformance
with the requirements of the special use as granted hereby and with the codes and ordinances
of the Village shall render the special use null and void and of no further force and effect.
SECTION FOUR: Any policy, resolution or ordinance of the Village that conflicts with this
ordinance shall be and is hereby repealed.
SECTION FIVE: This ordinance shall be in full force and effect from and after its passage
AVES:
4 - Brown, Morales, Schanks, Swinkunas
NAYS:
None
ABSENT:
2 - Lawler, Morelli
PUBLISHED BY THE VILLAGE CLERK, IN PAMPH LET FORM, BY AUTHORITY OF THE CORPORATE
LKL\152028VV\REV11/8/10
-2Ordinance No. 10-074
STATE O F ILLINOIS}
COUNTIES OF WILL)
AND DU PAGE
)
SS
I , Carol S. Penning, certify that I am the duly elected and acting Village Clerk of
I further certify that on November 1 6. 2 0 1 0, the Corporate Authorities of such
municipality passed and approved Ordinance 1 0-074 entitled:
APPROVING SPECIAL USE PERMIT FOR TRUCK SALES (WIN DY CITY JAY
TRUCK SALES - 595 EAST SOUTH FRONTAGE ROAD)
sheet thereof, was prepared on November 1 7 , 2010. Copies of such Ordinance are
DATED at Bolingbrook, Illinois, this 1 th
day of November, 201 0.
Carol S . Penning, C
VILLAGE CLER
EXHIBIT 1
WINDYCITY JAY TRUCK SALES - 595 E. SOUTH FRONTAGE ROAD
A tract of property comprising approximately 2.494 acres of land located at 595 E.
South Frontage Road and legally described as follows:
THAT PART OF THE NORTHWEST QUARTER SECTION 1 3, IN TOWNSHIP 37
NORTH, AND IN RANGE 1 0 EAST OAF: COMMENCING AT THE POINT OF
INTERSECTION OF THE ORIGINAL CENTERLINE OF US HWY 66 WITH THE WEST
LINE OF SAID SECTION 1 3, SAID ORIGINAL CENTERLINE BEING 1 00.0 FEET
SOUTHEASTERLY OF THE CENTERLINE OF RTE 34, THENCE NORTHEASTERLY
ALONG SAID ORIGINAL CENTERLINE OF SAID HWY 1 236.725 FEET TO THE
POINT IF BEGINNING, THENCE CONTINUE NORTHEASTERLY ALONG SAID
ORIGINAL CENTERLINE 1 92.065 FEET TO A POINT, SAID POINT BEING THE
NORTHWESTERLY CORNER OF THE PRMISES CONVEYED TO WELLS
PETROLEUM CO BY DOC NO 667072; THENCE SOUTHEASTERLY ALONG THE
WESTLY LINE OF SAID PREMISES, 627.05 FEET TO A POINT IN A LINE 627.0
FEET SOUTHLY FROM AND PARALLEL WITH THE SAID ORIGINAL CENTERLINE
OF SAID HWY, THENCE SOUTHWESTERLY ALONG SAID LINE 627.0 FEET
SOUTHERLY OF AND PARALLEL TO THE ORIGNAL CENTE RUNE OF SAID RTE
66, 1 92.065 FEET, THENCE NORTHWESTLY 627.05 FEET TO THE POINT OF
BEING lNG, ALL SITUATED IN DUPAGE TOWNSHIP, WILL COUNTY, ILLINOIS.
li
r
PC
Roger C. Claar
10.27
Mayor
Carol
S. Penning
TO:
FROM:
Plan Commission
SUBJECT:
Approval of a Special Use Permit for a Planned Unit Development
Viliage Clerk
. Herbalife
-
3 1 9 N.
Schmidt Road
Applicant: Herbalife
Project No . :
Lemy J. Bmwn
423.1 0
Deputy Mayor
& Village Trustee
DATE:
lawler
Herbalife is seeking approval of a Special Use Permit to allow a nutntwn
counseling office located at
Ricardo Mor,?les
Joseph B. Morelli
,"
3, 20 10
BACKGROUND:
Village TruStees
Michael T.
Meeting of November
319
N. Schmidt Road.
Please refer to the attached
staff report for a detailed discussion of the req11est.
�icia E. Schanks
S.... . .Jra S. Swinkunas
The applicant, Juanita Sanchez, was present.
There were no questions from the
Plan Commission. There was no testimony from the public.
The Plan Commission held a public hearing for this request during their regular
meeting on November
3, 20 1 0.
FINDINGS O F FACT:
1 . The subject property comprises approximately 0.41 acres and is currently
zoned B-2 Community Retail.
2. The subject property contains a multi-tenant building with access off of
James S. 8oan
Village Attorney
Sclunidt Road.
3.
Per the Zoning Ordinance, professional o ffices are no longer permitted uses
B-2 Zoning District. As such, the applicant is requesting a Special
Permit to allow a 1,240 square foot nutrition counseling office at 319 N.
within the
Use
Sclunidt Road.
RECOMMENDATION:
By a vote of 6-0, the Plan
Bolingbrook. Illinois
60440·0951
www.bofingbrook.com
•
"'
Commission recommends approval of a Special Use
Permit for a Planned Unit Development to allow for a Herbalife nutrition
counseling office at
3 1 9 N.
Sclunidt Road .
(630) 226·8400
,x: (630) 226·8409
TDD: (630) 226·8402
,1lo
Comrm.mity of
72,000
·
li
��
��
��
Roger _C. C!aa�·
Mayor
Caro[ S. Penning
Village Clerk
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PLANNING COMMISSION
STAFF REPORT FROM
1.·
.
i
Leroy J . Brown
MATT EASTMAN, PLANNER
PROJECT NO.:
423 . 1 0
DATE:
N ovember 3, 20 1 0
APPLICANT:
Herbal ife
OWNER:
Rossi Real Estate Corporation
REQUESTED ACTION:
Approval of a Special Use Permit for a Planned
Unit Development
Deputy fVlayor
& Village Trustee
Village Trustees
Michael T. LaW�er
Ricardo Mora�es
Joseph K MoreW
PURPOSE:
To allow a nutrition counseling office.
LOCATION:
3 1 9 N. Schmidt Road
SIZE OF PARCEL:
0.41 acres
SIZE OF TENANT SPACE:
1 ,240 Square Feet
CURRENT ZONING & LAND USE: B-2 Community Retail
�atricia E. Schanks
ira S. Swinkunas
·
NORTH:
B-3 Highway Commercial - Pizza Hut and Day 'N Nite
SOUTH:
R"S Single Family Attached Residential - Indian Oaks Townhomes
EAST:
B-2 Community Retail - River Woods Shopping Center
WEST:
R-5 Single Family Attached Residential - United Storage
PHYSICAL CHARACTERISTICS:
Generally flat, with existing multi-tenant retail
building.
James S. Boan
Village Attorn ey
ANALYSIS:
•
The subject prope1iy comprises approximately fmiy-one hundredths (0.41) of an acre
and is cunently zoned B-2 Community Retail.
•
Access to the subject property is from two points on Schmidt Road.
•
Per the Zoning Ordinance, professional offices are no longer permitted uses within the
B-2 Zoning District. As such, the applicant is requesting a Special Use Permit to allow a
I ,240 square foot nutrition counseling office. at 3 1 9 N. Schmidt Road.
RECOMMENDATION:
·s W. Briarciitf Road
Staff recommends approval of a Special Use Pennit for a Planned Unit Development to
lolingbrook, lliino:s
60440-095i
vw.bolingbrook.com
(630) 226-8400
: (630) 226-8409
__,j: {630) 226-8402
-�
allow a nutrition counseling office to occupy 3 1 9 N. Schmidt Road.
t
r
I!
.A Community of 72,000
--�----- � ------ -----
LOCATION MAP
PROJECT N O . :
PROJECT NAME:
423. 1 0
Herbalife
NORTH
P UBLISHED IN PAMPHLET FORM FOR THE FOLLOWING:
ORDINANCE 1 0-075
TITLED:
APPROVING SPECIAL USE PERMIT FOR PLANNED UNIT
DEVELOPMENT TO ALLOW A NUTRITION COUNSELING OFFICE INDIAN OAKS PLAZA (319 N. SCHMIDT ROAD) - HERBALIFE
VILLAGE CLERK
ORDINANCE APPROVING SPECIAL USE PERMIT FOR PLANNED
UNIT DEVELOPMENT TO ALLOW A NUTRITION COUNSELING
OFFICE - INDIAN OAKS PLAZA (319 N. SCHMIDT ROAD) - HERBALIFE
WHEREAS, Section 6{a) of Article VII of the 1970 Constitution of the State of Illinois
WHEREAS, a petition for approval of a Special Use Permit for a planned unit development
with a nutrition counseling office was filed by Herbalife, the prospective lessee of a unit consisting
of 1,240 square feet at 319 N. Schmidt Road (the "Subject Property") and located in the shopping
center known as Indian Oaks Plaza, which is legally described as follows:
LOTS 1 AND 2 I N H AND R'S INDIAN OAKS COMMERCIAL AREA NO. 3, I N THE
NORTHEASTJ4 OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 14,
1974, AS DOCUMENT NO. R74-5831, WILL COUNTY, ILLINOIS;
and
WHEREAS, the Subject Property is zoned B-2, Community Retail District, and a planned unit
development is a permitted special use pursuant to the Zoning Ordinance of the Village; and
called, noticed and held a public hearing and recommended approval ofthe Special Use Permit for
the Subject Property; and
Village to approve the Special Use Permit as hereinafter set forth;
NOW, THEREFORE, B E IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF BOLINGBROOK, WILL AND DU PAGE COUNTIES, ILLINOIS, IN THE EXERCISE OF ITS
SECTION ONE: The Mayor and Board ofTrustees find as facts the recitals hereinabove set
forth.
Ordinance No. 10-07S
-1-
SECTION TWO: A special use permit for planned unit development shall be and is hereby
approved to establish a nutrition counseling office on the Subject Property provided that:
Should the owner/lessee fail to comply with the terms ofthe special use approved hereby,
said special use shall be rendered null and void and shall be of no further force or effect.
SECTION THREE: Any policy, resolution or ordinance of the Village which conflicts with the
provisions of this Ordinance shall be and is hereby repealed to the extent of such conflict.
SECTION FOUR: This ordinance shall be in full force and effect from and after its passage
th
PASSED THIS 16 day of November, 2010.
AYES:
NAYS:
None
ABSENT:
2 - Lawler, Morelli
--....
APPROVED THIS 161h day of November, 2010.
A� y �
�
..
•
VILLAGE CLERK
PUBLISHED BY THE VILLAGE CLERK, I N PAMPHLET FORM, BY AUTHORITY O F THE CORPORATE
AUTHORITIES OF THE VILLAGE O F BOLINGBROOK ON NOVEMBER 18, 2010.
JM\152644\11/9/10
-2-
STATE OF ILLINOIS )
COUNTIES OF WILL)
AND DU PAGE
)
SS
I further certify that on November 16, 2010, the Corporate Authorities of such
sheet thereof, was prepared on November 17, 2010. Copies of such Ordinance are
th
DATED at Bolingbrook, Illinois, this 1 7 day of November, 201 0.
.,�� Bolingbr
oo
_ a place to
�--:..
::-:
Roger C. Claar
Mayor
·
grow
PC 10.28
TO:
FRO M :
Plan Commissiqn
SUBJECT:
Approval of a Special Use Permit for a Outdoor Dining
Taco Diner / 1 1 96 W.Boughton Road, Suite D
.
Applicant: Yeli Corporation, llda Rodriguez I Project No. 424. 1 0
Carol S. Penning
Village Clerk
DATE:
Meeting ofNovember 3, 201 0
BACKGROUND:
Leroy J. Brown
Deputy Mayor
& Village Trustee
Yeli Corporation is seeking approval of a Special Use Permit for Outdoor Dining
for an existing 1 ,500 square foot tenant space located at 1 1 96 W. Boughton Road,
llda Rodriguez
·
Village Trustees
M ichael T. Lawler
Ri cardo Morales
;eph B. Morelli
Patricia E. Schan·ks
Sandra S. Swinkunas
Please refer to the
Suite D which i s located within Two River Shopper Plaza.
attached staff report for a detailed discussion of the request.
was
present.
There were no
.
questions · ·froi:n the Plan
Commission. There was no testimony .from the public.
The Plan Commission held .a public hearing for this request during their regular
.
meeting on November
:3,
·
2010. ,
Findings of Fact:
1 . . The subjec� site comprises approximately 1 . 0 acre, is currently zoned B-2
Community Retail and is part of the Two Rivers Shopping Plaza.
2.
The applicant is currently under construction for interior renovations of an
existing tenant space in order to operate a carry out· restaurant commonly
kno-wn as Taco Diner.
3;
Although there 1s a large amount of existing outdoor dining near the subject
tenant space, per thy lease agreement that particular dining area is for the use
of Panera Bread patrons only . . As such, a Special Use Permit for outdoor
James S. Boan
Village Attorney
4.
dining is being requested for directly in front of the subject tenant space.
The outdoor dining area would consist of approximately 4 tables with 4seats
at each table, would be used weather permitting ·and the hours of operation
would coincide with the indoor restaurant.
5.
Hours of operation would be 10:00 a.m. to 9:00 p.m. Sunday through
Thursday and 1 0:00 a.m. to 10:00 p.m. on Friday and Saturday.
60440-0951
W""'l.bolingbrook.com
(630) 226c8400
FAX: (630) 226-8409
TDD: (630) 226-8402
t.,'} RecyclecS For A Beller ErwirorYI'lent
�
�
RECOMMENDATION:
By
a
vote of 6-0, the Plan Commission recommends approval· of a Special Use
Permit for Outdoor Dining in front of Taco Diner located at 1 1 9 6 W. Boughton
Road, Suite D, subj ect to the .location as approved by the Fire Department.
®
TREE CITY USA'
A Community_of 72,000
• q
a. a
•
q
•
Bolingbroo
a p l a ce to
...
<I
gro w
PLANNING COMMISSION STAFF REPORT FROM
Roger C. Claar
NICOLE M. KNAPP
Mayor
424.10
PROJECT NO.:
November 3, 2010
DATE:
Carol S. Penning
Village Clerk
Leroy J . Brown
Deputy Mayor
& Village Trustee
Village Trustees
Michael T. Lawler
l=licardo Morales
!seph B. Morelli
APPLICANT:
Yeli Corporation, Ilda Rodriguez
OWNER:
Two Rivers Venture; LLC
REQUESTED ACTION:
Special Use Permit for Outdoor Dining
PURPOSE:
To allow a restaurant to have outdoor dining.
LOCATION:
1 1 96 W. Boughton Road, Suite D
SIZE OF RESTAURANT:
I ,500 square feet
CURRENT ZONING:
B-2 Community Retail/Two Rivers Plaza
North:
'atricia E. Schanks
South:
:mdra S. Swinkunas
B-2 Community Retail/Infinite Self Storage .
B-2 Community Retail/Chili's Restaurant & Brookwood Plaza
East:
B-2 Community Retail/Target, Kohl's, and Marshall's
West:
B-2 Community Retail/Jewel/Osco
ANALYSIS:
•
The subj ect site comprises approximately 1 .0 acre, is currently zoned B-2 Community Retail and is
•
At this time, the applicant is currently under construction for interior renovations of an existing
•
Although there is a large existing outdoor dining area located near the subject tenant space, per the
part of the Two Rivers Shopping Plaza.
tenant space in order to operate a carry out restaurant commonly known as Taco Diner.
lease agreement that particular dining area is for the use of Panera Bread patrons only.
James S. Boan
Village Attorney
As such, a
Special Use Permit for outdoor dining is being requested for directly in front of the subject tenant
space.
•
The outdoor dining area would consist of approximately 4 tables with 4seats at each table and would
be used weather permitting. Hours of operation would coincide with the restaurant, which would be
10:00 a.m. to 9:00 p.m. Sunday through Thursday and I 0:00 a.m. to 10:00 p.m. on Friday and
Saturday.
•
Per the attached sketch, the 4 tables would be placed near the west side of the space. At the request
of the Fire Department, all tables and chairs must be located opposite of the front door, a minimum ·
of I 0 feet from the front door while also leaving a walkway area along the curb adj acent to the
lolingbrook, Illinois
60440-0951
Mw.bolingbrook.com
(630) 226-8400
'\X:
(630) 226-8409
)D: (630) 226-8402
�'\, Rcc�;cled For A Betler EnVJmnmenl
��Yl��
parkillg lot.
RECOMMENDATION:
Staff recommends approval of a Special Use Permit for an outdoor dining area at Taco Diner located at
1 1 96 W. Boughton Road, Suite D, subj ect to the location as approved by the Fire Department.
®
TREE C!'IT USA
LOCATION MAP
j
Jewei/Osco
Home Run Inn
PROJECT NO. :
424. 1 0
PROJECT NAME:
Taco Diner
NORTH
PUBLISHED I N PAMPHLET FORM FOR T H E FOLLOWING:
ORDINANCE 1 0-076
TITLED:
APPROVING SPECIAL USE PERMIT FOR OUTDOOR DINING TACO DINER (1 196 WEST BOUGHTON ROAD, SUITE D)
VI LLAGE CLERK
ORDINANCE APPROVING SPECIAL USE PERMIT FOR OUTDOOR
DINING - TACO DINER (1196 W. BOUGHTON ROAD, SUITE D)
WHEREAS, a petition for approval of special use permit for development of a Taco Diner
restaurant with outdoor dining has been filed for the parcel of land constituting approximately
1,500 sq. ft. commonly known as 1196 W. Boughton Road, Suite D (hereinafter referred to as
the "Subject Property"); and
WHEREAS, the Subject Property is zoned B-2, Community Retail District, and an outdoor
dining area is a permitted special use in a B-2 district pursuant to Section 4-202(8) of the Zoning
Ordinance of the Village; and
called, noticed and held a public hearing and recommended issuance of special use permit for
the Subject Property as hereinafter set forth; and
residents of the Village to grant said special use permit as hereinafter set forth;
- 1-
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AN D BOARD OF TRUSTEES OF THE
SECTION ONE: The Mayor and Board of Trustees find as facts the recitals hereinabove
set forth.
SECTION TWO: A special use permit for an outdoor dining area on the Subject Property
as shown o n Exhibit
1
attached hereto and made a part hereof is hereby approved, subject to
the following conditions:
A.
B.
The special use granted h ereby is subject to the condition that the location of the
outdoor dining area shall be approved by the Fire Department.
Should the owner/developer fail to comply with the terms of the special use approved
hereby, said special use shall be rendered null and void and shall be of no further force
nor effect.
SECTION THREE: This ordinance shall be in full force and effect from and after its
passage and approval i n the manner provided by law.
4 - Brown, Morales, Schanks, ">WinKU IJIS
AYES:
None
NAYS:
ABSENT:
2 - Lawler, Morelli
APPROVED THIS 161h day of November, 2010.
ATTEST:
AUTHORITIES OF THE VILLAG E OF BOLINGBROOK ON NOVEMBER 18, 2010.
JM\152645\11/5/10
Ordinance No.
- 2-
10-076
STATE OF ILLINOIS)
COUNTIES OF WILL)
AND D U PAGE
)
SS
I further certify that on November 1 6, 2010, the Corporate Authorities of such
APPROVING SPECIAL USE PERMIT FOR OUTDOOR DINING - TACO DINER (1 1 96
W. BOUGHTON ROAD, SUITE D)
sheet thereof, was prepared on November 1 7 , 201 0. Copies of such Ordinance are
DATED at Bolingbrook, Illinois, this 1 7th day of November, 20 1 0 .
VILLAGE CLERK
EXHIBIT 1
TACO DINER - 1 1 96 W. BOUGHTON RD., SUITE D
A tract of property comprising approximately 1 .0 acres of land located at 1 1 96 W.
Boughton Road, Suite D and legally described as follows:
LOTS 1 THROUGH 5 IN THE JEWEUOSCO BOUGHTON AND NAPERVILLE ROAD
SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED O N OCTOBER
29, 1 996 IN THE RECORDERS OFFICE OF WILL COUNTY AS DOCUMENT NO.
R96-097602, BEING A SUBDIVISION OF PART OF THE EAST % OF SECTION 7
AND PART OF THE WEST % OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 1 0,
EAST OF THE THIRD PRINCIPAL MERIDIAN, WILL COUNTY, ILLINOIS.
grow
PC
Roger C. Claar
Mayo r
TO:
FROM:
Plan Commission
SUBJECT:
Approval ofFinalPlat of Resubdivision
Promenade Bolingbrook Phase 4 No. 4
Applicant: Target / Project No.: 4 13.04E
DATE:
Meeting ofNovembe"r 3, 2010
Carol S. Penning
Village Clerk .
10.29
BACKGROUND:
Leroy J. Brown
&
Deputy Mayor
Village Trustee
Village Trustees
Michael T. Lawler
�icardo Morales
9ph B. Morelli
Pcuo'icia E. Schanks
Sand ra s. Swinkunas
Target. is seeking approval of a Final Plat of Resubdivision for the Promenade· Bolingbrook
Phase 4 No: 4 . The $ubject site is located at the southeast corner of Janes Avenue and
Falconi-idge Way.
·Chris Perry from Woolpert was present representing the applicant. . Chaiqnan Cawthon
questioned the orientation of the retail buildings; setbacks along the south property line, and
future staff review and/or the public hearing process. Planning and Zoning Administrator,
Nicole Knapp responded that the orientation and/or layout of the future retails buildings is not
known at this time, . setbacks would be the Same as what was approved as part of the Special
Use Permit ordinance from 2007, and that any variances that were previously granted as part
of the Special Use Permit from 2007 would be rescinded and waul� oot carry to the new plat
. of resubdivision. Knapp further explained that any development in this area would require a
new Special Use Permit for any variances, as it is a substantial change from the previo�s
approved plans.
The Plan Commission considered this request during their regular meeting on November 3,
20 10. Please refer to the af!ached staff report for a detailed discussion of the request.
FINDINGS OF FACT:
1.
2.
James S. Soan
Village Attorney
3.
4.
The subject site is zoned B-2 Community . Retail and is Part of The Promenade
Bolingbrook Phase 4.
The site is impressed with a Rez()ning, Special Use Permit for a Planned Commercial
Development with Variances, Preliminary Development Plan and Preliminary Plat
approved in February 2007, including a minor amendment approved in February 2008 to
accommodate slight modifications to the overall shopping center. At that time the overall
development was subdivided into five (5) lots for .future construction of a 137,000 square
foot retai.l store, five (5) retaiVrestaurant buildings totaling approximately 176,000 square
feet, a 66,000 square foot retail building, a 1 55 room hotel, and wetland purposes.
The Final Plat o f Resubdivision would create two (2) lots. The sizes of the proposed lots
Lot 2 would be 3 8.947 acres
Lot 1 - 1 1 .34 acres ·
would be:
Newly dedicated easements for utilities and access would be reviewed and approved under
separate cover once preliminary site plans for each lot are determined.
Access to each lot wou.ld remain from Janes Avenue and/or Falconridge Way.
375 W.
5.
www.bolingbrook.com
By a vote of 6-0, the Plan Commission recommends approval of a Final Plat of Resubdivision
for Promenade Bolingbrook Phase 4 No. 4.
Briarcliff Road
60440-0951
,J30) 226-8400
(630) 226-8409
TDD: (630) 226-8402
FAX:
t!j Recyded For A Better Environmenl
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RECOMMENDATION:
®
TREE CI'IY USK
A C o mmunity of 72,000
�Bolingbroo
--- : ,
q
a
r
pl ace to
grow
V�LAGE OF BOLrnGBROOK
PLANNrnG COMMISSION STAFF REPORT
Roger C. Claar
FROM NICOLE M. KNAPP
Mayor
Carol S. Penning
Village Clerk
Leroy J. Brown
Deputy Mayor
& Village Trustee
PROJECT NO.:
4 1 3 .04E
DATE:
November 3, 2010
GENERAL INFORMATION
APPLICANT I OWNER:
Target
REQUESTED ACTION:
Approval of a Final Plat ofResubdivision
PURPOSE:
To resubdivide five lots of record into 2 lots.
LOCATION:
East side of Janes Avenue south ofFalconridge Way.
SIZE:
50.08 acres
B-2
CURRENT ZONrnG AND LAND USE:
Village Trustees
Michael T. Lawler
Ricardo Morales
. l oseph B. Morelli
CommunitY Retail, The Promenade
Bolingbrook Phase 4, uuder construction
NORTH:
B-2 Community Retail!Aloft Hotel andLA Fitness
ricia E. Schanks
mdra S. Swinkunas
I-355
EAST:
SOUTH:
R-3 Single Family/Cherrywood East and Stonegate Subdivision
WEST:
R-3 Single Family/Hubert Humphrey Middle School
ANALYSIS:
•
The subject site is zoned B-2 Community Retail and is Part of The Promenade
Bolingbrook Phase 4.
•
· The_ site is impressed with a Rezoning, Special Use Permit for a Planned Commercial
Development with Variances, Preliminary Development Plan and Preliminary Plat from
February 2007, including a minor amendment approved in February 2008 to accommodate
slight modificaiions to the overall shopping center. At that time the overall development
James S. Boan
was subdivided into five (5) lots for the future construction of a 1 3 7,000 square foot retail
Village Attorney
store, five (5) retail/restaurant buildings totaling approximately 1 76,000 square feet, a
66,000 square foot retail building, a 1 5 5 room hotel, and wetland purposes.
•
The Final Plat of Resubdivision would create two (2) lots. The sizes of the proposed lots
would be:
Lot l - 1 1 . 1 3 4 acres .
Lot 2 - 3 8.947 acres
•
Newly dedicated easements for utilities and access would be reviewed and approved under
•
Access to each lot would remain from Janes Avenue and/or Falconridge Way.
separate cover once preliminary site plans for each lot are determined.
·s W.
Briarcliff Road
lolingb roo k Illinois
60440-0951
,
RECOMMENDATION:
Staff recommends approval of a Final Plat of Resubdivision for Promenade Bolingbrook
Phase 4 No. 4 , subject to the approval from the Director of Public Works and Engineering and
the Director of Community Development.
vw.bolingbrook.com
~
)30) 226-8400
,)(; (630) 226-8409.
)0: (630) 226-8402
� Recycl<>d For A Betier Environment
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TREE CfTY USK
--- -----
-------
--------- -
LOCATION MAP
PROJECT NO. :
PROJECT NAME:
4 1 3 .04E
·
Promenade at Bolingbrook Phase 4
NORTH
----�----------
----···
---- ------
1/llilllll/lllllllllllllllllllllllll!lllllll R20 10140606
Karen A . Slukel Wi I I County Recorder 6P
Reeeipt n T20100150642
RH
Date 12/29/2010
Time 1 0 : 30 : 27
Re¢ording Fees :
IL Rental Hsng . SuppQrt Prog�am :
$26.75
$0 . 00
PUBLISHED I N PAMPHLET FORM FOR THE FOLLOWING:
ORDINANCE 1 0-077
TITLED:
APPROVING FINAL PLAT OF SUBDIVISION - PROMENADE
BOLINGBROOK PHASE 4 NO. 4 (TARGET)
VILLAGE CLERK
VI LLAGE OF BOLI NGBROOK
P.I.N. #:
-02-12-206-005, 006 & 007
PREPARED BY & MAIL TO:
VILLAGE CLERK'S OFFICE
375 W. BRIARCLIFF RD.
BOLINGBROOK, IL 60440
ORDINANCE APPROVING FINAL PLAT OF SUBDIVISION
PROMENADE BOLINGBROOK PHASE 4 NO. 4 (TARGET)
WHEREAS, Section 6{a) of Article VII of the 1970 Constitution of the State of Illinois
i ncluding, but not limited to, the power to tax and to incur debt; and
WHEREAS, on February 27, 2007, by Ordinance No, 07-018 (the "Special Use Permit"),
approval was given by the Village of a special use permit for planned commercial development,
preliminary development plan and preliminary plat of subdivision for Promenade Bolingbrook
Phase 4 1ocated on the east side of Janes Avenue south of Falconridge Way and legally described
on Exhibit 1 attached hereto and made a part hereof (the "Subdivision"); and
WHEREAS, Target has applied for approval of a Final Plat of Subdivision for Phase 4 No. 4
resubdividing the Subdivision from five lots of record into two lots consisting of 11. 134 acres and
38.947 acres; and
WHEREAS, said applications were referred to the Bolingbrook Plan Commission, which duly
called, noticed and held a public hearing with respect to approval of said Final Plat; and
WHEREAS, the applicant recognizes that the Special Use Permit will have to be amended in
order to make a ppropriate adjustments to the a pproved final plan based upon the Final Plat of
Subdivision approved herein; and
residents of the Village to approve said final plat of subdivision;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
SECTION ONE: The Mayor and Board of Trustees find as facts the recitals hereinabove set
forth.
SECTION TWO: The Final Plat of Promenade Bolingbrook Phase 4 No. 4, attached hereto as
Exhibit 1 and made a part hereof, shall be and is hereby approved subject to approval of the
Director of Community Development and the Director of Public Works and Engineering.
SECTION THREE: Any policy, resolution or ordinance of the Village that conflicts with this
ordinance shall be and it is hereby repealed to the extent of such conflict.
-1 -
Ordinance No. 1 0-077
SECTION FOUR: This ordinance shall be in full force and effect from and after its passage
AYES:
4-
NAYS:
None
ABSENT:
2 lawler, Morelli
Brown, Morales, Schanks, Swinkunas
-
th
PUBLISHED BY THE VIllAGE CLERK, IN PAMPHLET FORM, BY AUTHORITY OF THE CORPORATE
lKl\152691W\11/8/10
-2-
3
STATE OF ILLINOIS)
C O U NTIES.OF WILL) SS
A N D D U PAGE
)
I further certify that on November 1 6. 201 0, the Corporate Authorities of such
APPROVING FINAL PLAT OF SUBDIVISION - PROMENADE BOLINGBROOK
PHASE 4 NO. 4 !TARGET)
sheet thereof, was prepared on November 1 7 , 2010. Copies of such Ordinance are
DATED at Bolingbrook, Illinois, this 1 1'h day of November, 2010.
VILLAGE CLERK
4
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Karen A. Stukel
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Receipt � T201 10022722
Time 1 4 : 1 9 : 52
Recording Fees :
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IL Rental Hsng . Support Program:
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·-Karen A . Stukel
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Date 12/14/2010
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W i l l County Recorder
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County Recorder 12P
Receipt n T20100144813
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PUBLISHED IN PAMPHLET FORM FOR THE FOLLOWING:
.
-
ORDINANCE 10-078
TITLED:
REPEALING ORDINANCE NQ 03..093 AND AGREEMENT APPROVED
THEREBY AND APPROVING AGREEMENT RE PARKING
LANDBANKING - .GROSSROADSLAKESbO:r.. BOLINGBROOK
COLD STORAGE. LL
Cr::;;;:::;:�V;jMNA
VILLAGE CLERK
P.I.N. #:
t!J/)5
02-23-303..Q63"'"
Re-recorded to change P.I.N. # onpages 1 & 10
and title & address on pages 1, 2 & 10
ORDINANCE REPEALING ORDINANCE NO. 03-93 A N D AGREEMENT
APPROVED THEREBY AND APPROVING AGREEMENT RE PARKING
LANDBANKING
GROSSROABS LAIEES l:e:F 1
COLD STORAGE, LLC.
��J��r;;e�
)��')Y
�;;s
BOLINGBROOK
the Village of Bolingbrook, Will and DuPage counties, Illinois; with a population in excess of 25,000
WHEREAS, on July 22, 2003, pursuant tothe provisions of Ordinance No. 03-93, the Village
entered into an Agreement re Parking Landbanking with Bolingbrook Corporate Center/IDI (the
"Previous Agreement"), which Previous Agreement was recorded with the Will County Recorder as
Document R-2003197397 on August 14, 2003; and
WHEREAS, said Ordinance No. 03-03 also approved a variance of the Development Code to
allow the removal of greater than 50 percent of the existing trees on the Subject Property (the
"Variance"); and
WHEREAS, development ofthe Subject Property has been completed, and the variance is ·
no longer necessary; and
WHEREAS, Bolingbrook Cold Storage, LLC (the "Owner") is the successor in interest and
current owner of the Subject Property; and
WHEREAS, the Owner has requested amendment of the terms of the Previous Agreement
in order to relocate land banked parking spaces elsewhere on the Subject Property and to reduce
the number of landbanked parking spaces from 35 to 21; and
WHEREAS, pursuant to Su bsection 6-102(G) ofthe Zoning Ordinance of the Village, upon
clear and convincing evidence by the applicant that the total numbe r of required parking spaces
are not immediately n ecessary for the current use of a building or structure, the Board ofTrustees
may permit the phased installation ofthe parking facilities and associated landscaping, provided
that the applicant enters i nto an agreement with the Village setting forth the terms and conditions
applicable to the phased installation of parking facilities and associated landscaping; and
- I -
Ordinance No. I 0-07 8
WHEREAS, the applicant has demonstrated such clear and convincing evidence, and the
Village believes that permitting parking land banking on the Subject Property is in the best interests
of the Village; and
WHEREAS, the Village and the Owner of the Subject Property are mutually desirous of
establishing the means by which the parking landbankingwill be provided and the means by which
parking will be installed in the future; and
interests of the Village to repeal Ordinance No. 03-093 and the Previous Agreement approved
thereby and to approve the Agreement re Parking Landbanking attached hereto as Exhibit 1 and
made a part hereof;
NOW, THEREFORE, BE IT ORDAI N E D BY THE MAYOR A N D BOARD OF TRUSTEES OF THE
VILLAGE OF BOLINGBROOK, WILL AND DU PAGE COUNTIES, I LLINOIS, IN THE EXERCISE OF ITS
SECTION ON E : The recitals set forth hereinabove shall b e and are hereby incorporated in
this Section One as if said recitals were fully set forth herein.
SECTION TWO: The Mayor and Board of Trustees shall and they do hereby repeal
Ordinance No. 03-093 of the Village and the Agreement re Parking Landbanking approved thereby,
and said ordinance a n d agreement shall n o longer be of any force and effect.
SECTION THREE: The Mayor and Board of Trustees hereby approve the Agreement re
Parking Landbanking which is attached hereto as Exhibit 1, and the Mayor and Village Clerk shall be
and they are hereby authorized and directed to execute and attest said Agreement in substantially
the form attached hereto.
SECTION FOUR: The Village Clerk shall be and is h ereby authorized and directed to record
the Agreement approved hereby with the Recorder of Deeds of Will County, Illinois.
SECTION FIVE: Any policies, resolutions, ordinances or prior agreements which conflict with
the provisions of this ordinance or the agreement attached hereto shall be, and they are hereby,
repealed to the extent of such conflict.
-2-
3
SECTION SIX: This Ordinance shall be in full force and effect from and after its passage and
approval in the manner provided by law.
AYES:
NAYS:
None
ABSENT:
2-
Lawler, Morelli
th
lKL\152702W\11/9/10
-3-
STATE OF ILLINOIS)
C O U NTIES OF WILL)
AND DU PAGE
)
SS
I further certify that on November 16. 2010, the Corporate Authorities of such
REPEALING ORDINANCE NO 03-093 AND AGREEMENT APPROVED THEREBY
A N D APPROVING AGREEMENT RE PARKING LANDBANKING CRQSSROADS
. LAKES LOT 1 BOLINGBROOK COLD STORAGE. LLC (1'75 WEST CROSSROAD&
"'"PARI(\VAY)
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which provided by its terms that it should be published i n pamphlet form.
sheet thereof, was prepared on November 1 7, 2010. Copies ofsuch Ordinance are
available for public i nspection upon request i n the office of the Village Clerk.
DATED at Bolingbrook, Illinois, this 1 7th day of November, 2010.
AGREEMENT RE PARKING LANDBANKING
THIS AGREEMENT made and entered into this
5th day of November, 20 10 by and
,
between the VILLAGE OF BOLINGBROOK, Will and DuPage Counties, Illinois, a municipal
corporation of the State of Illinois (hereinafter referred to as the "Village"), and
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(hereinafter referred to as the "Owner").
W I TN E S S E T H :
WHEREAS, pursuant to Subsection 6-102(0) ofthe Zoning Ordinance ofthe Village. upon
clear and convincing evidence by the applicant that the total number of required parking spaces and
associated landscaping are not immediately necessary for the current use of a building or structure.
the Board of Trustees may permit the phased installation of the parking facilities and associated
landscaping, provided that the applicant enters into an agreement with the Village setting forth the
terms and conditions appliCable to the phased installation of parking facilities and associated
landscaping; and
WHEREAS, the applicant has demonstrated such clear and convincing evidence, and the
Village believes that permitting parking land banking on the property described on Exhibit A
attached hereto and made a part hereof (hereinafter referred to as the "Subject Property") under the
conditions set forth in this Agreement is in the best interests of the Village; and
WHEREAS, the Village and the Owner of the Subject Property are mutually desirous of
establishing the means by which the parking landbanking will be provided and the means by which
parking and associated landscaping will be installed in the future;
NOW, THEREFORE. in consideration of the mutual covenants and agreements hereinafter
set forth, it is agreed by and between the parties hereto as follows:
I.
The foregoing recitals are.hereby incorporated in this Paragraph I as if said recitals
were fully set forth herein.
1.
The
twenty-one G._� spaces of landbanked parking for the Subject Property and
landscaping associated therewith, as shown on Exhibit B attached hereto and made a part hereof.
shall be subject to this Agreement.
3.
The Village Board of Trustees shaH determine, in its discretion, when any parking
which has been previously landbanked and associated landscaping must be installed.
Prior to
making its determination, the Board of Trustees shall give ten (I 0) days prior written notice of its
intent to the Owner.
The Village Board of Trustees shall take into consideration the
recommendation of the Owner. Written notice of the Village Board's determination shall be sent to
the Owner, and the Owner shall thereupon proceed to install the parking and associated landscaping,
in accordance with the applicable Village codes and ordinances, at the Owner's sole cost and
expense.
4.
If the aforesaid notice from the Village to install the parking and associated
landscaping is mailed to the Owner on or after January I 5 but before August 1 5, then the Owner
shall complete the construction and paving of the parking lot and installation of associated
landscaping within
5.
120 days of the date of the notice.
I fthe aforesaid notice from the Village to install the parking is mailed t o the Owner
on or after August I S but before January 1 5, then the. Owner shall complete the construction and
paving ofthe parking lot and installation of associated landscaping by the following May 30.
-2-
' .
Notwithstanding the foregoing, the installation period may be extended by the Village in the
event that the Owner has diligently pursued installation but has been unavoidably delayed due to
adverse weather conditions.
6.
Should the Owner fail to complete the installation of the parking and associated
landscaping in accordance with the schedule of completion set forth in Paragraphs 4 and 5 hereof,
the Village shall have the following rights and remedies, none of which shall be exclusive:
(A)
The right to sue for breach of contract. whether in law or in equity, for damages, specific
performance, or any other legal remedy deemed appropriate by the Village;
(B)
The right to revoke the certificate of occupancy for the premises;
(C)
The right to enter upon the property and install the required parking spaces at the owners
sole cost and expense and to lien the premises in order to enforce pa)ment to the Village for
the work performed; and
(D)
The right to recover the Village Attorney's fees and court costs in any enforcement action.
7.
This Agreement shall run with the land and shall be binding on the Owner, its
successors in interest and assigns. The Village shall cause a copy ofthis Agreement to be recorded
in the Office of the Recorder of Deeds of Will County. The Owner shall apprise future owners of
their rights and obligations hereunder.
8.
The term of this Agreement shall be five ( 5) years from the date ofexecution hereof.
Thereafter the Agreement shall be renewed automatically for an additional five (5) year period or
until all the landbanked parking has been installed, whichever is earlier. Upon expiration of the
Agreement, and at the end of said ten (I 0) year period, unless this Agreement has been renewed or
extended by the Board of Trustees, the Owner shall immediately install all parking spaces and
-3-
associated landscaping required by the codes and ordinances of the Village. Notwithstanding the
expiration of the Agreement pursuant to this Paragraph 8, the Village shall retain all enforcement
rights under Paragraph 6 hereof until the installation has been completed and approved by the
Village.
9.
This Agreement incorporates the ful l and complete understanding ofthe parties with
respect to landbanked parking and the installation of parking areas and associated landscaping on
the Subject Property to the exclusion of any terms or conditions not expressly set forth herein.
10.
This Agreement shall be governed
IN WITNESS WHEREOF, the
laws of the State of Illinois.
have hereunto executed this
� J (d�
Village Clerk
·
Cold Storage, LLC
ATTEST:
�'�(�'LK.L\6307J.l\REV4/!2100
OFFICIAL SEAL
MARILYN SCHWEITZER
NOTARY PUBLIC · STATE OF ILLINOIS
MY COMMISSION EXPIRES:OI/16/1 1
-4-
LEGAL DESCRIPTION
80L IN� e�c;o)(.
BOLINGBOROK COLD STORAGE, LLC
1-75 '-'•�ST CROSSROADS PARK\VA¥
:A ?f �� H;;-71"
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P.I.N. #: 02-23-303..o&r
PART OF LOT 4 IN BOLINGBROOK CORPORATE CENTER, UNIT NO. 3, OF PART
OF THE WEST HALF OF SECTION 23, TOWNSHIP 37 NORTH, RANGE 10 EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED NOVEMBER 22, 1 999, AS DOCUMENT NO. R1999-143885, IN WILL
COUNTY, ILLINOIS, ALL IN THE VILLAGE OF BOLINGBROOK, ILLINOIS.
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Wi I I Counly Record:43
Date 12/14/ 2010
Recording Fees :
Receip t � 120100 144813
Time 09 : 0 1
IL Rental Hsng. Suppor t Program :
$32 .75
$0 .00
P UBLISHED IN PAMPHLET FORM FOR THE FOLLOWING:
ORDINANCE 10-079
TITLED:
APPROVING AMENDED ANNEXATION AGREEMENT - CR LAND
CORPORATION/ LA GROU BOLINGBROOK. LLC
(MONTANA CHARLIE'S)
VILLAGE CLERK
P.I.N. #:
02-1 3-104-006, 02-1 3-1 04-008 & 02-13-1 04-01 7
12P
ORDINANCE NO.
10-079
ORDINANCE APPROVING AMENDED ANNEXATION AGREEMENTCR LAND CORPORATION/LA GROU BOLINGBROOK LLC (MONTANA CHARLIE'S)
WHEREAS, o n August 13, 1991, pursuant to Ordinance No. 91-094, the Village entered
into an Annexation Agreement (hereinafter referred to as the "Annexation Agreement") with
CR land Corporation for the a nnexation of the property legally described on Exhibit A of the
Annexation Agreement (the "Subject Property"); and
WHEREAS, laGrou Bolingbrook llC (the "Owner") is the successor in interest to CR land
Corporation to the Subject Property; and
WHEREAS, the Annexation Agreement is due to expire by its terms on July 1, 2011; and
WHEREAS, the parties wish to extend the term of the Annexation Agreement and to
amend certain other provisions of the Annexation Agreement; and
WHEREAS, all public hearings as required have been held by the different departments,
commissions, boards, and other governmental bodies of the Village, and each has submitted
various reports and recommendations, or both, required of them; and
interests of the Village and its residents to execute the Amended Annexation Agreement
attached hereto as Exhibit 1 and made a part hereof;
NOW, THEREFORE, BE IT ORDAINED BY MAYOR AND BOARD OF TRUSTEES OF THE
VIllAGE OF BOliNGBROOK, Will AND DU PAGE COUNTIES, IlliNOIS, IN THE EXERCISE OF ITS
HOME RULE POWERS, AS FOllOWS:
SECTION ONE: The Mayor and Board of Trustees hereby approve the Amended
Annexation Agreement attached hereto as Exhibit 1, and the Mayor and Village Clerk shall be
and they are hereby authorized and directed to execute and attest said Agreement in
substantially the form attached hereto as Exhibit 1.
-1-
Ordinance No.
10-079
SECTION TWO: Any policy, resolution, ordinance or prior agreement relating to the
subject matter contained i n this ordina�ce shall be, and it is hereby repealed and shall be of no
further force and effect.
SECTION THREE: This Ordinance shall be i n full force and effect from and after its
passage, by a vote of at least two thirds of the corporate authorities now holding office, and
approval i n the manner provided by law.
PASSED (2/3 OF CORPORATE AUTHORITIES) THIS 16th day of November, 2010.
AYES:
5 - Claar, Brown, Morales, Schanks, Swinkunas
NAYS:
None
ABSENT:
2 - lawler, Morelli
ATT J:
VILLAGE CLERK
lKl\152697\11/8/10
-2-
STATE O F ILLINOIS)
COUNTIES OF WILL) SS
AND DU PAGE
)
I further certify that on November 16, 201 0, the Corporate Authorities of such
APPROVING AMENDED ANNEXATION AGREEMENT - CR LAND CORPORATION/
LA GROU BOLINGBROOK. LLC (MONTANA CHARLIE'S!
which provided by its terms that it should b e published i n pamphlet form.
available for public inspectio n upon request i n the office of the Village Clerk.
DATED at Bolingbrook, Illinois, this 1 7th day of November, 2010.
Carol S. Penning, C
VILLAGE CLER
AMENDED ANNEXATION AGREEMENT
THIS AMENDED ANN EXATION AGREEMENT made and entered into this
Jl,'l.e�t� bu
. 2010, between the
VILLAGE OF BOLINGBROOK,
@
-II
day of
an Illinois municipal
corporation, located in Will and DuPage Counties, Illinois (hereinafter referred to as the "Village"),
and LA GROU BOLINGBROOK LLC (hereinafter referred to as the "Owner").
W ITNESSETH:
WHEREAS, the Owner is the owner of the property legally described in Exhibit A attached
hereto and made a part hereof (hereinafter referred to as the "Subject Property"), which property
is subject to this Annexation Agreement; and
WHEREAS, by virtue of Ordinance No. 91-094, the Village entered into an annexation
agreement on August 13, 1991 with CR land Corporation, the then owner of the Subject Property
(the "1991 Agreement"), with regard to annexation and development of the Subject Property; and
WHEREAS, La Grou Bolingbrook llC is the successor owner of the Subject Property; and
WHEREAS, said 1991 Agreement is due to expire by its terms on July 1, 2011; and
WHEREAS, the corporate authorities ofthe Village have considered the amendment and
extension of the 1991 Agreement with regard to the Subject Property; and
WHEREAS, the Subject Property is presently contiguous to the Village, and none of said
property is presently within the corporate limits of any other municipality; and
WHEREAS, the parties wish to enter into a binding agreement with respect to said
annexation, zoning and development, and to other related matters, p ursuant to the provisions of
Division 15.1 of Article Eleven of Chapter 65 ofthe Illinois Compiled Statutes, upon the terms and
conditions contained in this Agreement; and
- I -
s
WHEREAS, all public hearings as required by law have been held by the different
departments, commissions, boards, and other governmental bodies of the Village, and each has
submitted various reports and recommendations, or both, required of them; and
WHEREAS, the development ofthe Subject Property pursuant to the terms of this Amended
Annexation Agreement will be beneficial to the Village, will properly and beneficially extend the
corporate limits and the jurisdiction of the Village, will permit the sound planning and
development of the Village, and will otherwise promote the proper growth and general welfare of
the Village; and
WHEREAS, the Village, by a favorable vote of at least two-thirds (2/3) of the corporate
a uthorities then holding office, have adopted an ordinance authorizing the execution of this
Amended Agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants, promises and
agreements hereinafter set forth, the parties hereto agree as follows:
1.
The Owner has filed with the Village Clerk of the Village a duly executed petition,
p u rsuant to and in accordance with the provisions of Section 5/7-1-8 of Chapter 65, Illinois
Compiled Statutes, to annex the Subject Property to the Village. It is expressly understood and
agreed, however, that the action of the Village with respect to said petition of the Owner for the
a nnexation of the Subject Property shall be, and hereby is, made expressly contingent upon the
Subject Property being legally contiguous to the Village at the time of said a nnexation and
expressly contingent upon said property being validly zoned and classified under the applicable
o rdinances of the Village, all as hereinafter provided.
-2-
2.
The Village hereby agrees to annex the Subject Property upon the terms and
conditions of this Agreement.
3.
The Village hereby agrees to adopt any necessary ordinances to zone the Subject
Property 1-1, Limited Industrial District and to issue a grant a special use for a flea market on the
Subject Property, and new development of the Subject Property shall be subject to all codes and
ordinances of the Village in effect at the time of development, pursuant to paragraph
4.
6
herein.
The Village recognizes and agrees that the current flea market use of the Subject
Property shall be permissible on the Subject Property until December 31, 2015 and thatthe Owner
may continue the aforesaid uses until such date, after which the flea market use shall be removed
from the Subject Property.
5.
This Agreement shall expire on the 31st day of December, 2020 [10 years].
6.
Owner agrees that all development and construction on the Subject Property shall
comply in all respects with the provisions in the Building, Plumbing, Electrical, Fire Prevention,
Zoning and Development Codes of the Village and all other germane codes and ordinances of the
Village in effect on the date that an application for a building permit for such d evelopment or
construction is filed. Owner further agrees that the Subject Property will be subject to the
Bolingbrook Village Code and ordinances and all subsequent amendments thereto, as they may
from time to time apply to the Subject Property.
The Village agrees, however, that,
notwithstanding the provisions of this Section, the structures presently occupying the Subject
Property shall not be required to adhere to said codes.
7.
This Amended Agreement shall inure to the benefit of, and be binding upon, the
successors in title of the Owner, and each ofthem, their respective successors, grantees, lessees,
-
3
-
1
and assigns, and upon successor corporate authorities of the Village and successor municipalities.
It 'is understood that this Amended Agreement shall run with the land and, as such, shall be
assignable to and binding upon subsequent grantees, lessees, and successors in interest of
Owners, and each of them, and, as such, this Agreement and all exhibits hereto shall be recorded
with the Recorder of Deeds of Will County, Illinois.
8.
The construction and installation of all public improvements shall conform to and be
in compliance with the Village ordinances then in effect at the time of the construction and
installation of the same. The Owners and all other parties to this Agreement affirmatively agree to
comply with the provisions ofthe Will County Stormwater Management Ordinance, as amended
from time to time.
9.
The parties acknowledge and agree that they shall execute any and all documents
necessary to effectuate the terms of this Amended Agreement.
10.
The agreements contained herein shall survive the annexation of the Subject
Property and shall not be merged or expunged {1) by the annexation of the Subject Property or
any part thereof to the Village and/or (2) by the adoption by the Village of any amendments to the
Village Code that affect the current flea market use.
11.
The parties acknowledge and agree that the individuals who are members of the
group constituting the corporate authorities ofthe Village are entering into this Agreement in their
corporate capacities as members of such group and shall have no personal liability in their
individual capacities.
12.
Notices or other writings which any party is required to or may wish to serve upon
any other party in connection with this Agreement shall be in writing and shall be delivered
-
4-
personally or sent by registered or certified mail, return receipt requested, postage prepaid,
addressed as follows:
If to the Village or to the corporate authorities:
Village of Bolingbrook
375 West Briarcliff Road
Bolingbrook, Illinois 60440
with a copy to:
Tressler LLP
305 West Briarcliff Road
P. 0. Box 1158
Bolingbrook, Illinois 60440
If to the Owner:
laGrou Bolingbrook limited Partnership
c/o Timothy Kelly
3514 South Kestner
· Chicago, Illinois 60632
or to such other address as any party may from time to time designate in a written notice to the
other party.
13.
If any provision, clause, word or designation of this Agreement is held to be invalid
by any court of competent jurisdiction, such provision, clause, word, or designation shall be
deemed to be excised from this Agreement and the invalidity thereof shall not affect any other
provision, clause, word, or designation contained herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their proper officers duly a uthorized to execute same, the day and year first above written.
-5-
ATIEST:
Mayor
Village Clerk
LKL\152617W\l1/14/10
-6-
EXHIBIT A
legal Description of Subject Property
PARCEL l: THAT PART OF THE SOUTH Y, OF THE NORTHWEST KOF S,ECTION 13, TOWNSHIP 37 NORTH,
RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMM ENCING AT THE
SOUTHWEST CORNER OF THE SAID NORTHWEST X OF SECTION 13; THENCE NORTH 90 DEGREES 00
MINUHS EAST, ALONG THE SOUTH LINE OF SAID NORTHWEST X OF SECTION 13, 899.68 FEET TO THE
ORIGINAL CENTER LINE OF THE JOLIET AND CHICAGO ROAD; THENCE NORTH 30 DEGREES 38 M INUTES
EAST ALONG SAID ORIGINAL CENTER LINE 58.13 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90
DEGREES 00 M I N UTES WEST, 50 FEET NORTHERLY OF AND PARALLEL WITH THE SAID SOUTH LINE OF THE
NORTHWEST X OF SECTION 13, 282.02 FEET; THENCE NORTH 29 DEGREES 39 MINUTES EAST 200 FEET
WESTERLY OF (MEASURED AT RIGHT ANGLES) AND PARALLEL WITH THE WESTERLY RIGHT-OF-WAY LINE
OF U.S. ROUTE 66A, 962.42 FEET; THENCE NORTH 58 DEGREES 32 MINUTES EAST 414.06 FEET TO THE
SAID WESTERLY RIGHT-OF-WAY LINE OF U.S. ROUTE NO. 66A; THENCE SOUTH 60 DEGREES 21 MINUTES
EAST 66.04 FEET TO THE SAID ORIGINAL CENTER LINE OF THE JOLIET AND CHICAGO ROAD; THENCE
SOUTH 30 DEGREES 39 MINUTES WEST, ALONG SAID ORGINAL CENTER LINE 1185.61 FEET TO THE POINT
OF BEGINNING, (EXCEPTING THEREFROM THAT PART OF THE LAND FALLING WITHIN U.S. ROUTE 66A
(ALSO KNOWS AS THE JOLIET AND CHICAGO ROAD), PART OF WHICH WAS CONVEYED TO THE ILLINOIS
STATE TOLL H IGHWAY AUTHORITY BY DOCUMENT R96-022166) IN WILL COUNTY, ILLINOIS.
PARCEL 2 : A PARCEL OF LAND LOCATED IN THE NORTHWEST X OF SllJI'ION 13, TOWNSHIP 37 NORTH,
RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST X OF SAID SECTION 13,
THENCE NORTH ALONG THE WEST LIN E OF SAID SECTION 13 A DISTANCE OF 199 FEET TO A POINT;
THENCE NORTH 58 DEGREES 32 MINUTES EAST, A DISTANCE OF 1316.9 FEET TO A POINT THAT IS 200
FEET WESTERLY OF (MEASURED AT RIGHT ANGLES) WITH THE WESTERLY RIGHT-OF-WAY LINE OF U.S.
ROUTE 66A (SAID POINT BEING THE NORTHWEST CORNER OF THE LAND CONVEYED BY DOCUMENT NO.
R70-16561); THENCE SOUTH 29 DEGREES 39 MINUTES WEST ALONG A LINE THAT IS 200 FEET WESTERLY
OF ( M EASURED AT RIGHT ANGLES) AND PARALLEL WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID
ROUTE 66A, A DISTANCE OF 962.42 FEET; HENCE EAST ALONG A LINE THAT IS 50 FEET NORTH OF AND
PARALLEL TO THE SOUTH LINE OF THE NORTHWEST X OF SECTION 13, A DISTANCE OF 282.14 FEETTO
THE ORIGINAL CENTER LINE OF THE J O LIET AND CHICAGO ROAD; THENCE ESOUTH 30 DEGREES 38
M I N UTES WEST ALONG SAID ORIGINAL CENTER LINE A DISTANCE OF 58.13 FEET TO THE SOUTH LINE OF
THE NORTHWEST Y. OF SECTION 13; THENCE WEST ALONG THE SOUTH LINE OF THE NORTHWEST X A
DISTANCE OF 899.68 FEET TO THE POINT OF BEGINNING, ( EXCEPTING THEREFROM THAT PART OF THE
LAND FALLING WITHIN U.S. ROUTE 66A, (ALSO KNOWN AS THE JOLIET AND CHICAGO ROAD) PART OF
WHICH WAS CONVEYED TO THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY BY DOCUMENT R96-022166)
I N WILL COUNTY, ILLINOIS.
PARCEL 3: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHI P 37 NORTH, RANGE 10 EAST
OFTHE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHWEST CORNER
OF SAID SOUTHWEST QUARTER; THENCE NORTH 88 DEGREES 26 MINUTES 09 SECONDS EAST ALONG THE
NORTH LINE OF SAID SOUTHWEST QUARTER 464.53 FEET FOR THE POINT OF BEGINNING: THENCE
CONTINUING NORTH 88 DEGREES 26 MINUTES 09 SECONDS EAST ALONG SAID NORTH LINE 384.22 FEET TO
THE WESTERLY LINE OF JOLIET ROAD; THENCE SOUTH 28 DEGREES 04 M I N UTES 24SECONDS WEST ALONG
SAID WESTERLY LINE 190.00 FEET; THENCE NORTH 61 DEGREES 55 MINUTES 36 SECONDS WEST 333.9S FEET
-
7
-
\\
,.
.
TO THE POINT O F BEGINNING, (EXCEPTING THEREFROM THAT PART OF THE LAND FALLING WITHIN U.S.
ROUTE 66A (ALSO KNOWN AS JOLIET ROAD), PART OF WHICH WAS CONVEYED TO THE ILLINOIS STATE TOLL
H IGHWAY AUTHORITY BY DOCUMENT R96-022166) I N WILL COUNTY, ILLINOIS
-8-
P U B L I S H E D I N PAM P H LET FORM FOR T H E FOLLOWING:
ORDINANCE 1 0-080
TITLED:
ABATING TAXES HERETOFORE LEVIED TO PAY INTEREST A N D
PRINCIPAL ON $52,670,000 SPECIAL S E RVICE AREAS N U M BERS
2001 -1 , 2001 -2, 2001 -3, AND 2002-1 SPECIAL TAXES REFUNDING
BONDS, SERIES 2007
VILLAGE CLERK
VI LLAGE OF B O L I N G B ROOK
ORDJNANCE ABATING TAXES HERETOFORE LEVIED TO PAY
JNTEREST AND PRINCIPAL ON $52,670,000 SPECIAL SERVICE AREAS
NUMBERS 2001-1, 2001-2, 2001-3, AND 2002-1
SPECIAL TAXES REFUNDJNG BONDS, SERIES 2007
WHEREAS, Section 6(a) of Article VII of the I970 Constitution of the State of lllinois
provides that any municipality which has a population of more than 25,000 is, therefore, a home
. rule unit and the Village of Bolingbrook, Will and DuPage Counties, lllinois, with a population
in excess of25,000 is, therefore, a home rule unit and, pursuant to the provisions of Section 6(a)
of Article VII, may exercise any power and perform any function pertaining to its govermnent
and affairs, including, but not limited to, the power to tax and to incur debt; and
WHEREAS, the Mayor and Board of Trustees of the Village of Bolingbrook, Will and
th
DuPage Counties, lllinois, did on the 13
day of February, 2007 adopt Ordinance No. 07 - O I 6
entitled:
AN ORDINANCE PROVIDING FOR ISSUANCE OF NOT TO
EXCEED
$55,000,000
VILLAGE
OF
BOLINGBROOK
SPECIAL SERVICE AREAS NUMBERS 200I - I, 200I - 2,
200I - 3, AND 2002 - I SPECIAL TAXES REFUNDING
BONDS, SERIES 2007, AND PROVIDING FOR THE LEVY OF
A DIRECT ANNUAL TAX ON TAXABLE PROPERTY IN
CERTAIN SPECIAL SERVICE AREAS FOR THE PAYMENT
OF PRINCIPAL OF AND INTEREST ON SUCH BONDS
SUBJECT TO VILLAGE ATTORNEY APPROVAL.
(the "Bond Ordinance"). The Bond Ordinance, as supplemented by a Bond Order dated February
I S , 2007, authorized the issuance of $52,670,000 Special Service Areas Numbers 200I - I,
200I - 2, 200I - 3, and 2002 - I Special Taxes Refunding Bonds, Series 2007 (the "Bonds"), of
the Village of Bolingbrook, lllinois, and was duly published (pamphlet form) and is now in full
force and effect; and
C/101824.2
Ord. 10-080
WHEREAS, by the terms of said Bond Ordinance, the Bonds were designated "Village of
Bolingbrook, Counties of Will and DuPage, Illinois Special Service Areas Numbers 2001 - 1,
2001 - 2, 2001 - 3, and 2002 - 1 Special Taxes Refunding Bonds, Series 2007." In addition to all
other taxes, there was levied upon the taxable property in Special Service Area 2001 - 1 in the
Village, in each of the years 2007 through 2029, a direct annual special tax sufficient for the
purpose of paying interest and principal on the Bonds and to pay administrative expenses of
Special Service Area 2001 - 1, as follows:
An Amount Sufficient to
Produce the Sum of:
Year ofLeyy
2007
$596,764
$605,715
$614,801
$624,023
$633,383
$642,884
$652,527
2008
2009
2010
201 1
2012
2013
2014
2015
$662,3 15
$672,250
$682,334
$692,569
$702,957
$713,501
$724,204
$735,067
$746,093
$757,284
$768,644
$780,173
$791,876
$803,754
$815,810
$828,048
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2
C/101824.2
Ord. 10-080
WHEREAS, by the terms of said Bond Ordinance, there was levied upon the taxable
property in Special Service Area 2001 - 2 in the Village, in each of the years 2007 through 2029,
a direct annual special tax sufficient for the purpose of paying interest and principal on the Bonds
and to pay administrative expenses of Special Service Area 2001 - 2 as follow�:
Produce the Sum of
Year ofLevy
2007
2008
2009
2010
201 1
2012
2013
2014
2015
2016
2017
2018
2019
zo2o
2021
2022
2023
2024
2025
2026
2027
$819,780
$836,176
$852,899
$869,957
$887,356
$905, 103
$923,205
$941,670
$960,503
$979,713
$999,307
$1,019,293
$1,039,679
$1,060,473
$1,081,682
$1,103,316
$1, 125,382
$1,147,890
$1, 170,848
$1, 194,265
$1,218,150
$1,242,513
$1,267,363
2028
2029
a direct annual special tax sufficient for the purpose of paying interest and principal on the Bonds
and to pay administrative expenses of Special Service Area 2001
C/101824.2
3
-
3, as follows:
Ord. 10-080
Produce the Sum of
Year ofLevy
$1,004,568
$1,019,636
$1,034,931
$1,050,455
$1,066,212
$1,082,205
$ 1,098,438
$ 1 , 1 14,914
$1,13 1,638
$1, 148,613
. $ 1 , 165,842
$1, 183,330
$1,201,080
$1,219,096
$1,237,382
$1,255,943
$ 1,274,782
$1;293,904
$1,3 13,312
$1,333,012
$1,3 53,007
$1,373,302
$1,393,902
2007
2008
2009
2010
201 1
2012
2013
2014
201 5
2016
2017
201 8
201 9
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
a direct armual special tax sufficient for the purpose of paying interest and principal on the Bonds
and to pay administrative expenses of Special Service Area 2002 - 1, as follows:
Produce the Sum of
Year ofLeyy
$1,507,085
$1,529,691
$1,552,637
$1,575,926
$1,599,565
$1,623,559
2007
2008
2009
2010
2011
2012
4
C/101824.2
Ord. 10-080
2013
2014
2015
2016
$1,647,912
$1,672,63 1
$1,697,720
$1,723,186
2017
2018
$ 1,749,034
$1,775,269
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
$1,801,898
$1,828,927
$1,856,361
$1,884,206
. $1,912,469
$1,941,1�6
$1,970,274
$ 1,999,828
$2,029,825
$2,060,273
$2,091 , 177
$2,122,544
WHEREAS, the Mayor and the Board of Trustees of the Village have determined, after
taking into account the prepayment of Special Tax by property owners in the Special Service
Areas, that the Village has $711,048 on deposit and unencumbered in the Bond and Interest Fund·
at September 30, 2010, and that said amounts with earnings to he received thereto and the
projected earnings on the Reserve Fund prior to March 1, 2011 amounting to $0.00 are expected
to he insufficient for the purpose of pa.ying principal and interest maturing on the Bonds and
administrative expenses ofthe Special Service Areas 2001 - 1, 2001 - 2, 2001 - 3, and 2002 - 1 to
and including March 1, 2012; and
WHEREAS, the Mayor and the Board of Trustees of the Village of Bolingbrook have
determined that it is advisable and in the best interest of said Village that the annual direct
special tax heretofore levied by said Bond Ordinance for the 2010 levy year on the taxable
property in Special Service Areas 2001 - 1, 2001 - 2, 2001 - 3, and 2002 - 1 for the year 2009 for
the purpose of paying interest and principal on the Bonds and making a deposit in the
5
C/101824.2
Ord. 10-080
Administrative Expense Fund be abated in the amount of $927,595. 16 producing a net levy in
the amount of $3, 192,765.84 for 2010 which equals the Special Tax Requirement within the
meaning of Section 6.2(b) of the Indenture under which the Bonds were issued, which abatement
shall be allocated to each Special Service Area as follows:
$i60, 153 .82 shall be abated in
Special Service Area 2001 - 1 producing a net levy in such Special Service Area in the amount of
$463,869 . 1 8 for 2010, $223,804.34 shall be abated in Special Service Area 2001 - 2 producing a
net levy in such Special Service Area in the amount of $646, 152.66 for 2010, $202,179.80 shall
be abated in Special Service Area 2001 - 3 producing a net levy in such Special Service Area in
the amount of $848,275.20 for 2010, and $341,457.20 shall be abated in Special Service Area
2002 - 1 producing a net levy in such Special Service Area in the amount of $ 1,234,468.80 for
2010.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE BOARD OF
TRUSTEES OF THE VILLAGE OF BOLINGBROOK, ILLINOIS, IN THE EXERCISE OF
ITS HOME RULE POWERS, AS FOLLOWS:
SECTION ONE:
.
·
That the direct annual special tax heretofore levied on all taxable
property in Special Service Areas 2001 - 1, 2001 - 2, 2001 - 3, and 2002 - I in the Village for the
year 2010 by the Bond Ordinance to pay the principal and interest on the Bonds authorized to be
issued under the said Bond Ordinance and to pay Administrative Expenses of Special Service
Areas 2001 - 1 , 2001 - 2, 2001 - 3, and 2002 - 1 be abated in the amount of $927,595 .16, thereby
producing a net levy in the amount of $3,192,765.84 for 2010 which is approved as the Special
Tax Requirement for the Bonds.
6
C/101824.2
Ore!. 10-080
SECTION TWO:
That forthwith upon the passage of this Ordinance, a copy hereof
duly certified by the Clerk of said Village shall be filed with the County Clerk of Will County,
Illinois.
SECTION TIIREE:
That this Ordinance shall be in full force and effect from and after
its passage, approval and publication, in pamphlet form, in the manner provided by law.
PASSED THIS 1 6TH DAY OF NOVEMBER, 2010.
AYES:
4
Brown, Morales, S chanks, Swinknnas
NAYS:
0
None
ABSENT:
2
Lawler, Morelli
APPROVED THIS 16TH DAY OF NOVEMBER, 2010.
ATTEST:
Village Clerk
PUBLISHED BY THE VILLAGE CLERK, JN PAMPHLET FORM, BY THE AUTHORITY
OF THE CORPORATE AUTHORITIES OF THE VILLAGE OF BOLJNGBROOK, ON
NOVEMBER 17, 2010.
C/101824.2
7
On!. I 0-080
. STATE OF I L L I NOIS)
CO UNTIE$ OF WILL) S S
AND DU PAGE
).
I, Carol S. Penning, certify that I a m the duly elected and acting Village Clerk of
I further certify that on November 16, 2010, the Corporate Authorities of such
m unicipality p assed and approved Ordinance 10-080 entitled:
ABATING TAXES H E RETOFORE LEVIED TO PAY INTEREST AND PRINCIPAL ON
$52,670,000 SPECIAL SERVICE AREAS NUMBEES 2 0 0 1 -1 , 2001 -2, 2001 -3, AND
2002-1 SPECIAL TAXES REFUNDING BONDS, SERIES 2007
which provided by its terms that it should be p ublished in pamphlet form.
The pamphlet form of Ordinance 10-080 including the Ordinance and a cover
available for p ublic inspection upon request in the office of the Village Clerk.
DATED at Bolingbrook, Illinois, this 17th day of November, 2010.
Carol S . Penning, C
V I L LAGE CLERK
'
.
'
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_
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Budget & Appropriation Ordinance/Resolution
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Certification of Budget & Appropriation Ordinance/Resolution
Certification of Estimated Revenues by Source
20_ Tax Levy Ordinance/Resolution
Certification of Tax Levy Ordinance/Resolution
Certificate of Compliance with Truth-In-Taxation (hearing held
),
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Annual Financial Report (F.Y. ending _____,
Annual Audit (F.Y. ending
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Certificate of Publication of
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(F.Y. ending ______,
Certified Copies with Plat of Ordinance(s) # ------Levy Year 20
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NANCY
HULTZ
Will County Clerk
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ted by
PUBLISHED I N PAM PHLET FORM FOR THE FOLLOWING:
ORDINANCE 1 0-081
TITLED:
AMENDING CHAPTER 1 3 OF THE MUNICIPAL CODE AND
DECREASING CLASS "C" FROM NINE (9) TO EIGHT (8)
HOME PLATE
V I LLAGE CLERK
VI LLAGE OF BOLINGBROOK
ORDINANCE. 10-081
WHEREAS, Section 6(a) of Artide VII of the 1970 Constitution of the State of Illinois provides that
any municipality which has a population of more than 25,000 is a home rule unit, and the Village of
Bolingbrook, Will and DuPage Counties, Illinois, with a population in excess of 25,000 is, therefore, a home
rule unit and, pursuant to the provisions of said Section 6(a) of Artide VII, may exercise any power and
perform any function pertaining to its government and affairs, induding, but not limited to, the power to tax
and to incur debt.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF BOLINGBROOK, WILL AND DUPAGE COUNTIES, ILLINOIS, IN THE EXERCISE OF ITS
SECTION ONE: That Section 1 3-207(e) of Chapter 13 of the Municipal Code of the Village of
Bolingbrook is amended by deaeasing the number of Class" C" licenses from nine (9) to eight (8) so that
Section 1 3-207(e) shall hereafter be and read as follows:
Section 13-207. NUMBER OF LICENSES.
(e)
The total number of all Class "C" licenses issued and in force at any one time shall
not exceed eight (8) such licenses. unless and until the population of the Village shall
reach 75,000 inhabitants. Thereafter, not more than one (1) additional Class "C"
license shall be issued and in force at any time for each additional 4,500 inhabitants
SECTION TWO: That this Ordinance shall be in full force and effective immediately upon execution,
from and after its passage, approval and publication in pamphlet form, as provided by law.
PASSED THIS 16th DAY OF NOVEMBER, 2010.
AYES:
NAYES:
ABSENT:
4
0
2
Brown, Morales, Schanks, Swinkutl:ts
None
Lawler, Morelli
APPROVED THIS 16th DAY OF NOVEMBER, 2010.
ATIEST:
AUTHORITIES OF THE VILLAGE OF BOLINGBROOK ON NOVEMBER 17th, 2010.
1
Ord. 10-081
STATE OF ILLINOIS)
COUNTIES OF WILL)
AND OU PAGE
)
SS
I further certify that on November 1 6, 20 1 0, the Corporate Authorities of such
AMENDING CHAPTER 13 OF THE MUNICIPAL CODE AND DECREASING CLASS
"C" FROM NINE (9) TO EIGHT (8) - HOME PLATE
sheet thereof, was prepared on November 1 7 , 201 0. Copies of such Ordinance are
DATED at Bolingbrook, Illinois, this 1 ih day of November, 201 0.
VILLAGE CLERK

VILLAGE OF BOLINGBROOK REGULAR MEETING AGENDA FOR

Transcription

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